Garrity v. Wilcox

Citations

• 83 Ill. 159

Syllabus

<p>1. Practice—affidavit of merits—its sufficiency. In a suit by partners, in assumpsit, the defendant pleaded non assumpsit, accompanied with the following affidavit of merits: “ A B, being duly sworn, deposes and says that he is the defendant in the above entitled cause, and that he verily believes he has a good defense to a portion of said plaintiffs’ demand, and to the full sum of four hundred and fifty dollars, upon the merits, in this, that said sum of four hundred and fifty dollars was, at sundry and divers times, by the defendant, sent to said plaintiffs, as partners, etc., and by the said plaintiffs received, but which said sum, or any part thereof, the said plaintiffs to said defendant have not accounted, or given this defendant credit thereforHeld, that the afiidavilwas good inform and substance, and that it was error to strike the same from the files.</p> <p>2. Same—striking affidavit from files, for interlineations. The fact that words in a defendant’s affidavit of merits are interlined before it is sworn to, in order to make it conform more strictly with the statute, affords no ground for striking the affidavit from the flies.</p> <p>3. Pobmeb. decision. It was said in 8ta.nberry v. Moore, 56 Ill. 472, that the practice of making amendments by erasures and interlineations is a bad one, and ought not to be tolerated; that a paper thus disfigured ought to be stricken from the files. This, however, was not necessary to be said, as that matter was not a point in the case. The remark was only intended to indicate a better practice.</p>