Mayberry v. Van Horn

Citations

• 83 Ill. 289

Syllabus

<p>Practice—-judgment for residue aftev allowing set-crf sworn to. Where the plaintiff proceeds under section 37 of the Practice Act of 1874, hy filing his affidavit with his declaration, and the defendant files the general issue, with notice of set-off, with an affidavit of a defense to a given amount, if the plaintiff admits a deduction of such sum, it is proper to render judg. ment in his favor for the residue, without a trial.</p>