Kehoe v. Rounds

Citations

• 69 Ill. 351

Syllabus

<p>1. Practice—restoring lost records under act of 1872. The act of 1872, providing for the restoration of the record of a suit when destroyed by fire, contemplates that the whole record shall be substantially supplied. - Tlie supplying of a copy of the declaration and affidavit in an action of replevin, without any copy of the writ, and the officer’s return thereon, is not a compliance with the statute, and does not authorize a judgment by default.</p> <p>2. Replevin—affidavit must be sworn to. In order to sustain a judgment by default in replevin, the affidavit filed in the cause must appear to have been sworn to.</p> <p>3. Same—when damages may be assessed under count in trover. There is no authority, under the statute, in an action of replevin, to render judgment for the value of the property, as in an action of trover, except where it. shall appear, from the officer’s return on the writ, that he was unable to obtain it under the writ. The plaintiff’s affidavit of that fact will not answer. Where the writ is lost, it should be restored by a copy.</p>