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80 Ill. App. 376

Pettit v. Hall

Appellate Court of Illinois

Decided March 14, 1899

Appellate Court of Illinois · decided 1899-03-14

Assumpsit, upon written contract. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant.

Relies on Little v. Allington

Affirmed · Decided 1899-03-14

Per Curiam.

¶1There was no affidavit setting forth any defense presented to the court by appellant, the defendant below, in support of the motion. This was necessary. Little v. Allington, 93 Ill. 253, 255.

¶2The affidavit and notice were in due form and properly filed, and the cause was properly upon the short cause calendar.

¶3The point that ten days’ notice was not given, resting wholly upon the contention that the last of the ten days required expiring on Sunday, the defendant was entitled to all the Monday following, which was the day the cause was set for, and tried, is baseless. Rev. Stat., Sec. 6, Chap. 100, entitled “ Notices.”

¶4An affidavit which has only to say for the merits of a defense, that defendant’s counsel “is of opinion that the defendant has a good and meritorious defense to this suit,” is insufficient.

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