Keefer v. Mason

Citations

• 36 Ill. 406

Syllabus

<p>1. Foreign administrators. The act of the legislature giving foreign administrators the power “ to prosecute suits in any court in this State,’ ’ includes the power to sue out an execution on a judgment rendered in favor of the intestate in his lifetime.</p> <p>2. Notary public—power to administer oaths. The power to administer an oath is not one of the incidents of the office of notary public underthe general law merchant, and the court will not presume, in the absence of proof, that a notary in another State has such power.</p> <p>3. Practice — affidavit of party. The affidavit of a defendant in an execution may be a sufficient ground for an order in vacation for a stay of the writ, but is not, unsupported, on the final hearing, sufficient proof to justify the court in calling back its process.</p>