Haggard Bros. v. Smith
Illinois Supreme Court
Haggard Bros. v. Smith, 76 Ill. 507 (Ill. 1875)
McAllister
Haggard Bros. v. Smith
Opinion of the Court
delivered the opinion of the Court:
This was assumpsit, brought in January, 1873, upon a promissory note. One of the plaintiffs made .an affidavit under the 36th section of the Practice act of 1872, which was filed with the declaration. The defendant served failing to file any affidavit of merits, judgment by default was entered and the damages assessed by the court.
The points made are frivolous. The affidavit was properly made by one plaintiff, and is sufficiently definite, when taken in connection with the declaration. Neither party requiring a jury, the damages were properly assessed by the court under section 40, Laws 1871-2, p. 344.
The judgment of the court below is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Haggard Bros. v. W. & T. Smith
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- 2 cases
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- Syllabus
- Practice—affidamit with declaration so as to require affidavit of merits to pleas. The affidavit required under section 36 of the Practice act of 1872 to be filed with the declaration, to entitle the plaintiffs to judgment by default unless the defendant will file an affidavit that he has a defense, etc., with his pleas, may properly be made by one of several plaintiffs, and will be sufficient if, in connection with the declaration, it shows the nature of the cause of action.