The Bank of Chicago v. Hull
| Decision Date | 30 September 1874 |
| Citation | 74 Ill. 106,1874 WL 9082 |
| Parties | THE BANK OF CHICAGOv.CHARLES J. HULL. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Cook county; the Hon. LAMBERT TREE, Judge, presiding.
Messrs. SHUFELDT, BALL & WESTOVER, for the appellant.
Messrs. CHASE & CROOKER, for the appellee.
There is nothing in the points made by appellant on this record. The proceedings show full compliance by the plaintiff below with the Practice act. The declaration was accompanied by an affidavit showing the nature of plaintiff's demand and the amount due him, and to the affidavit he attached the bankbook, written up by the defendants, containing their own entries, and showing from their own figures the balance due the plaintiff. This was a full ““bill of particulars,” and none the less so, by being sworn to.
The statute (sec. 36) does not require the affidavit to be made by the plaintiff himself. He is required to file an affidavit simply showing the nature of his demand and the amount due. There was no ground for a continuance.
The statute having been fully complied with by the plaintiff, it was incumbent on the defendants to accompany their plea with an affidavit of merits. Having no meritorious defense, no affidavit of merits was made, and the court struck their plea of the general issue from the files, all which was proper, and in strict pursuance of the statute, and the judgment is affirmed.
Judgment affirmed.
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...the merits, to the whole or a portion of plaintiffs' demand, cited Rev. Stat. 1877, 739, § 37; Filkins v. Byrne, 72 Ill. 101; Bank of Chicago v. Hull, 74 Ill. 106; Honore v. Home Nat. Bank, 80 Ill. 489. Where plaintiff has filed an affidavit of his claim, the defendant must file an affidavi......
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