Bank of Chicago v. Hull

Citations

• 74 Ill. 106

Syllabus

<p>1. Practice — to require affidavit of merits from defendant. The statute does not require the affidavit accompanying the plaintiff’s declaration to be made by the plaintiff. If an affidavit is filed by any one showing the nature of the plaintiff’s demand and the amount due, the defendant is required to file an affidavit of merits with his pleas.</p> <p>2. Same — till of partieula/rs. Where the plaintiff, in a suit against a bank for a balance of deposit, attaches to his affidavit the bank-book containing the entries made by the bank, and showing the balance due, this will be a bill of particulars, notwithstanding its being sworn to, so as to prevent a continuance.</p> <p>3. Same — striking plea without affidavit from files. Where the statute is complied with by the plaintiff, if the defendant files a plea without affidavit of merits, it is proper to strike the same from the files.</p>