Beardsley v. Gosling

Citations

• 86 Ill. 58

Syllabus

<p>1. Practice — affidavit of merits with pleas. It is not essential that a defendant’s affidavit of merits filed with his pleas should have any caption at all. Any affidavit which conforms to the statute in substance, and can be identified as having been filed in the cause, is sufficient.</p> <p>2. Where the caption to an affidavit of merits states the State and county where made, though the name of the county is not repeated in giving the title of the court in which the cause is pending, it will be sufficient.</p> <p>3. The statute has not made it obligatory on a defendant to set out in detail his defense in an affidavit of merits filed with his pleas.</p> <p>4. Evidence —judicial notice. This court -will take judicial notice that there is hut one court in this State entitled the Superior Court.</p>