Williams v. Reynolds

Citations

• 86 Ill. 263

Syllabus

<p>1. ArarDAVlT cot merits—effect of exception as to defense. An affidavit of merits filed by a defendant with his plea, stating that he has a good defense as to all of plaintiff’s demand, except a certain sum named in the affidavit, is a virtual admission that the sum thus excepted is due to the plaintiff.</p> <p>2. Same—is part of the record and need not be read in evidence. An affidavit of merits filed with a plea is a part of the record and need not be formally offered in evidence, and although the attention of the jury may not have been called to it, it is still before the court, and should be considered by it on a motion for a new trial.</p> <p>3. New triar—verdict against the evidence. 'Where an affidavit of merits states that defendanthas agood defense as to all of plaintiff’s claim, except a certain sum, and the preponderance of the evidence shows the plaintiff entitled to recover that much or more, and the jury find a less sum due the plaintiff than the amount named in the affidavit, a new trial should be awarded.</p>