Wilder v. Arwedson

Citations

• 80 Ill. 435

Syllabus

<p>1. Practice—to require affidavit of merits from defendant. The statute does not require that the plaintiff shall file his own affidavit with Ms declaration, in order to require the defendant to file an affidavit of merits. The affidavit of any one cognizant of the facts, will be sufficient.</p> <p>3. Same—affidavit required when defendant is in default. Where a plea, without affidavit, is filed in a case where such affidavit is required, the plaintiff will be entitled to judgment by default; and if the defendant, on motion to strike Ms plea from the files, asks for leave to file an affidavit of merits with the plea, it is proper to require him to disclose, by affidavit, the nature of his defense, that the court may see whether it is meritorious or not.</p>