Dyer v. Last

Citations

• 51 Ill. 179

Syllabus

<p>1. Judicial notice—as to who we the officers of a court. The circuit courts in this State will take judicial notice of who are their officers, as, for instance, the clerk.</p> <p>2. So, where the jurat attached to an affidavit of non-residence was signed in the name of a person, by another, as.deputy, without any designation of the official character of the principal or of the deputy, the court in which the proceeding is pending may take judicial notice that the person whose name was signed to the jurat was the clerk of that court.</p> <p>3. And upon such case being brought to the appellate court, it appearing from the record that the same person whose name was signed to the jurat, without any official designation, had issued the summons in the case as clerk, and had also signed the notice of publication in the same capacity, this court, upon an objection being made that the jurat to the affidavit was not signed by an officer, will presume that the court below took judicial notice of the official character of such person.</p> <p>4. This case differs from the case of McDermaid v. Bussell, 41 Ill. 489, in the fact, that the record discloses that the affidavit was sworn to before an officer of the court. In that case, so far as the record disclosed, the affidavit was not sworn to before any officer.</p> <p>5. Practice—of fling papers in a cause after continuance. It is no objection that a paper was filed in a cause at the term at which the cause was continued, and after the continuance was allowed. Under the rules of practice, a party may file papers in a cause at any and all times, whether in term time or in vacation.</p>