Original Typewriter Circular Co. v. Buehler

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.