Pierson v. Hendrix

Citations

• 88 Ill. 34

Syllabus

<p>1. Amendment—affidavit of claim,. Where the officer administering the oath ¡.^e party making an affidavit of claim filed with a declaration, omits to add his attestation, it may be amended in this respect.</p> <p>2. Practice—striking out pleas for want of affidavit of merits. Where an affidavit of claim is amended by the officer attesting the oath to it, and the defendant fails to file an affidavit of merits upon leave given him, the court may properly strike his pleas from the files, and render judgment as upon nil dicil.</p> <p>3. Error—as to co-defendant. A defendant can not assign for error that which alone affects his co-defendant, and in no manner affects his rights, or the justness of the judgment against him.</p> <p>4. Where judgment was rendered against two defendants, one of whom was not served with process, and the latter is afterwards made a party to the judgment by scire facias, the error will do no harm to the defendant served with original process.</p> <p>5. Judgment—not reversed for want of form. Where a judgment is substantially right it will not be reversed because of the want of accuracy in form.</p>