Edwards v. McKay

Citations

• 73 Ill. 570

Syllabus

<p>1. Oaths—notary public has power to administer generally. It was objected to an affidavit of the service of a summons by a special deputy sheriff, that a notary public was not authorized to administer the oath in such a case, but it was held, that under the statute relating to oaths and affirmations, such officer was empowered to administer oaths generally, and therefore he had power to administer the oath in this case.</p> <p>2. Service—by special deputy—return may be verified by affidavit. The statute requiring the return of service of a summons, when made by a special deputy, to be verified by oath, is complied with, if the return is verified by the affidavit of the person making the service.</p> <p>8. Where the statute requires an oath, it will not be vitiated if the matter be reduced to the form of an affidavit, signed and sworn to by the person or ' officer making it.</p> <p>4. Default—not set aside when no diligence is shown. Where a party is served with summons by a special deputy, who informs Mm that he is an officer in that case, and is given a copy of the summons, showing the appointment of such deputy to serve the same, and he takes no steps to defend until after judgment is rendered against him by default, a motion by him to set aside the default will he properly overruled for want of diligence.</p> <p>5. Same-—excuse for want of diligence. On an application to set aside a judgment by default, the party applying showed in Ms affidavit that he was sick and confined to his house from the day of service for about two weeks, when he came out and was compelled to go in again until the day after the default, but failed to state the nature of his sickness, or show that lie could not have communicated with Ms attorney, and prepared for his defense: JETeld, that the showing was not sufficient to require the setting aside of the default.</p> <p>6. Officer—when disqualified from serving summons. The mere fact that a person once presented the note sued on for pa