Stolberg v. Ohnmacht

Citations

• 50 Ill. 442

Syllabus

<p>1. Forcible entry and detainer—necessity of an affidavit. The filing of an affidavit, preliminary to a summons in an action of forcible entry and detainer, is essential to gi-ve the justice jurisdiction of the subject matter. The complaint cannot be made verbally under oath, and the justice thereupon issue summons, nor can the justice acquire jurisdiction, by allowing an affidavit to be filed on the day of the trial. The affidavit is the jurisdictional foundation for the entire proceeding, and must precede the summons.</p> <p>2. Appeals prom justices—dismissal in the circuit court. Where a justice issues a summons in an action of forcible entry and detainer without an affidavit having been previously filed, an appeal to the circuit court by the defendant will not cure the want of jurisdiction of the justice over the subject matter ; such a case is not within the rule, that an appeal by the defendant will cure the want of a summons before the justice.</p>