Young v. Browning

Citations

• 71 Ill. 44

Syllabus

<p>1. Practice—affidavit to require affidavit of merits with pleas. Under the thirty-sixth section of the Practice Act of 1872, which provides that, if the plaintiff in a certain class of suits shall file with his declaration an affidavit, showing the nature of his demand, etc., he shall he entitled to judgment, as in case of default, unless the defendant, his agent or attorney, shall file with his plea an affidavit of merits, the plaintiff is not required to file his own affidavit, to he entitled to the benefit of the section, but all he is required to file is an affidavit.</p> <p>2. Where the plaintiff files an affidavit with his declaration, as required by section 86 of the Practice Act of 1872, if the defendant files pleas without the affidavit required of him, the court may properly strike them from the files, and render judgment by default.</p>