Garrity v. Lozano

Citations

• 83 Ill. 597

Syllabus

<p>1. Practice—affidavit of claim. The statute does not require the affidavit of the plaintiff’s claim to be made by the plaintiff, but it may be made by any person having the necessary knowledge on the subject.</p> <p>2. Bill os exceptions—presumption when it does not contain all the proofs. Where the bill of exceptions does not purport to contain all the proof heard on a motion to strike the defendant’s pleas from the flies for want of a sufficient affidavit of merits, it will be presumed that an affidavit was tiled with the plaintiff’s declaration, sufficient to require of the defendant an affidavit of merits.</p> <p>3. SAME'—what must he preserved in. Copies of instruments sued on, copies of accounts and affidavits filed in an action at law, are not parts of the record, unless so made by being embodied in a bill of exceptions.</p> <p>4. Same—proof on motion to set aside levy. Although an affidavit may show sufficient ground for sustaining a motion to set aside a levy under an execution, yet, if the bill of exceptions does not state that it contains all the evidence on the motion, it will be presumed that other proofs were heard, justifying the ruling overruling the motion.</p>