Wayne v. Stern

Citations

• 75 Ill. 313

Syllabus

<p>Affidavit of merits—in trover. There is no law requiring the appellant, on an appeal from a justice of the peace to the Superior Court of Cook county, from a judgment in trover, to file an affidavit of merits as a precedent to Ms right to trial on Ms appeal. The general Practice Act of 1872, as well as the act of 1857, regulating the practice in the courts of Cook county, which is now abrogated, provides for an affidavit of merits oMy in actions ex contractu.</p>