Honore v. Home National Bank

Citations

• 80 Ill. 489

Syllabus

<p>1. Practice—affidavit of merits. If the defendant is a resident of the county where suit is brought, the plaintiff may file an affidavit of merits with his declaration, and have judgment by default, unless the defendant, his agent or attorney shall file an affidavit of merits with his plea.</p> <p>2. The plaintiff is not required to file his own affidavit in such a case, but it may be made by him, his agent, his attorney, or any other person who knows and can swear- to the necessary facts.</p> <p>3. Where it appears that the defendant was served with process in the county where the suit is brought, it will be presumed, in the absence of contrary proof, that he resided in that county at the time.</p> <p>4. The affidavit filed with a declaration, to require an affidavit of merits from the defendant, need not be entitled as of the term of court.</p> <p>5. It is not necessary that the plaintiff’s affidavit should appear to have been filed after the suit is commenced. It is sufficient if filed with the declaration, either before or after the commencement of the suit.</p> <p>6. Constitutional law—act requiring affidavit of merits. The legislature is not prohibited by the constitution from requiring an affidavit of merits to be filed with a plea. It seems it has power to require all pleadings to be sworn to as a condition precedent to their being filed.</p>