Appellate Court of Illinois, 1896

Original Typewriter Circular Co. v. Buehler

Original Typewriter Circular Co. v. Buehler
Appellate Court of Illinois · Decided December 28, 1896 · Waterman
67 Ill. App. 575; 1896 Ill. App. LEXIS 167

Original Typewriter Circular Co. v. Buehler

Opinion of the Court

Mr. Justice Waterman

delivered the opinion oe the Court.

Appellant insists that the character of its plea is to be determined by its conclusion, and that it is in abatement.

If this be so, yet appellant was required to file with its plea an affidavit of merits. Truesdell v. Hunter, 28 Ill. App. 292.

Hot having done so, its plea was properly stricken from the files. Filkins v. Byrne, 72 Ill. 101.

The judgment of the Circuit Court is affirmed.

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