Pinkel v. Domestic Sewing Machine Co.

Citations

• 89 Ill. 277

Syllabus

<p>1. Practice — affidavit of claim — whether its sufficiency may be questioned. When a defendant files no plea, and makes no application for leave to file a plea, but suffers a default to be taken, he can not assign for error the refusal of the court to strike the plaintiffs affidavit of claim from the case.</p> <p>2. Assessment of damages on default—by whom. Upon default the statute gives either party the right to have the damages assessed by a jury, and it is error to refuse a jury when asked by the defendant.</p>