Goldie v. McDonald

Citations

• 78 Ill. 605

Syllabus

<p>1. Practice—time of filing affldmit of claim. An affidavit of claim filed more than ten days before the convening of the court for the term at which the declaration is filed, will be regarded as having been filed “with the declaration,” within the meaning of the statute.</p> <p>2. Same—amendment. Where an affidavit of claim, filed with the declaration, was sworn to before a notary public of another State, it was not error to permit an additional certificate made by such notary, that, by the laws of such State, he was authorized to administer oaths, to be filed by way of amendment.</p> <p>3. Same—plea without affidavit of m&rits—when striekenfrom files. Where an affidavit of claim was filed with the declaration, and the defendant was allowed full five days within which to file an affidavit of merits with his plea, and failed to do so, it was proper to strike the plea from the files, and render judgment against the defendant, as upon default.</p> <p>4. Same—presumption as to residence of defendant. A defendant will be presumed to be a resident of the county in which he was served with process, within the meaning of sec. 87 of the Practice Act, Revised Laws 1874, until, in some appropriate manner, it is made to appear, from the evidence, he is not.</p>