Coursen v. Browning

Citations

• 86 Ill. 57

Syllabus

<p>1. Supreme Court — decision in vacation. Where a cause is submitted to the Supreme Court during any term, and the same is taken under advisement, the judges of said court, or any four of them, may render a final decision or judgment during vacation, and such practice is not in conflict with either the statute or constitution.</p> <p>2. Practice—affidavit of claim applicable to suit on appeal bond. An appeal bond being a contract for the payment of money, the defendant’s pleas in a suit on such bond, not accompanied with an affidavit of merits will be stricken from the files, if the plaintiff files an affidavit of his claim with his declaration.</p> <p>3. Same—judgment against defendants served. When suit is brought against the two obligors on an appeal bond and only one is served with process and no appearance is entered for the other, it is proper to take judgment against the one upon whom service is had.</p>