Kassing v. Griffith

Citations

• 86 Ill. 265

Syllabus

<p>1. ArrrDAViT or claim:—what officer may take same. A commissioner of deeds for this State residing in another State is fully authorized by our statute to administer all oaths which may be lawfully required in this State, and an affidavit of a non-resident plaintiff of the nature of his demand may properly be made before such officer.</p> <p>2. Aííidavit or merits—when necessary. Where the plaintiff has filed with his declaration an affidavit of claim, a plea to the merits must he accompanied with an affidavit of -merits. The mere filing with such a plea a motion to strike the plaintiff’s affidavit from the files will not obviate the necessity for an affidavit of merits.</p> <p>3. Eight of trial by jury. Where a defendant’s plea to the merits is stricken from the files for want of an afiidavit of merits, the defendant is technically in default, and he is not entitled to a jury, but the court may assess the damages.</p>