Culver v. Johnson

Citations

• 90 Ill. 91

Syllabus

<p>1. Practice—amending affidavit of merits. Where a defendant files an affidavit of merits with his plea, in substantial compliance with the statute, which is adjudged insufficient, if he files an amended affidavit showing the defense, which is insufficient, he can not assign for error the decision as to the first. By amending he waives it, and having undertaken to comply with a rule to file an amended one, and stating the facts, he must show a meritorious defense.</p> <p>2. General issue—defense under—matter in abatement. An agreement, after the maturity of a note on a valid consideration, to extend the time of payment beyond the time when suit is brought on the note, can not be pleaded in bar of the action, but only in abatement, and therefore can not be shown under the general issue.</p>