McKichan v. Follett

Citations

• 87 Ill. 103

Syllabus

<p>1. Affidavit of merits—waiver of right to claim it as sufficient. If a defendant, on motion to strike his plea from the files for a defect in his affidavit of merits, concedes the defect by asking and obtaining time to amend the same, which is allowed on condition of his filing an affidavit showing a meritorious defense, which he neglects to do, he can not, on appeal or error, insist that his affidavit of merits was sufficient. He will be estopped to claim that the court erred in holding it bad.</p> <p>2. Practice—affidavit showing grounds of defense. Where a defendant files a proper affidavit of merits with his plea, the court has no power to require of him an affidavit setting up in detail his grounds of defense, but if such affidavit of merits is defective, and the defendant asks to amend, then the court, in its discretion, may impose terms, such as showing the grounds of defense.</p>