Wilborn v. Blackstone

Citations

• 41 Ill. 264

Syllabus

<p>Practice—affidavit of merits on appeal. On an appeal of a case of forcible detainer, in the Cook Circuit Court, held, that an affidavit of merits, which in substance conforms to the practice act applicable to the courts in Cook county, is sufficient, although it fails to give the title of the court or the term. Being properly entitled in the case, and regularly filed, it is readily seen to what cause the affidavit belongs, and, if required by the statute, will suffice. The statute requiring the affidavit, intended to prevent delay, and thereby promote justice, but not to cut off meritorious defenses to actions. It is held to be error to dismiss such an appeal on such an affidavit.</p>