Wadsworth v. Ætna National Bank

Citations

• 84 Ill. 272

Syllabus

<p>1. Practice—affidavit of claim. An affidavit, filed with a declaration, that the plaintiff’s demand is the amount of the promissory note, and interest thereon, as-set forth in the declaration, and that there is due the plaintiff from the defendant, after allowing to him all just credits, deductions and setoffs, the sum of money named upon the face of the note, together with interest thereon, according to the tenor of said note,-dollars, is sufficient in respect to the amount claimed to be due.</p> <p>2. Same — affidavit of merits. An affidavit by the defendant that he verily believes he has a good defense to the action upon the merits, is a substantial compliance with the statute, being equivalent to a statement of a defense to the whole of the plaintiff’s claim, and it is error to strike the same and the defendant’s pleas from the files.</p>