Henry v. Meriam & Morgan Paraffine Co.

Citations

• 83 Ill. 461

Syllabus

<p>Practice)—judgment for balance on affidavit of merits by defendant as to part. If a defendant, in a case where he is required to accompany his pleas with an affidavit of merits, files with his pleas an affidavit that he has a good defense as to a portion of the plaintiff’s demand, the latter may concede the defense as to such sum, and will then be entitled to judgment for the residue, without any trial, regardless of pleas to the whole cause of action.</p>