Anonymous, 2 Ill. Cir. Ct. 48 (1877). · Go Syfert
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Anonymous
Illinois Circuit Court.
Jul 1, 1877.
2 Ill. Cir. Ct. 48
Gary.
Published

Mr. Cowen : Your honor, 6360. I want to move the court for a default in that ease for want of a plea and affidavit of merits. It is an action of trover.

Gary, J.:

There is no affidavit of merits wanted in an action of trover. The statute don’t require it.

Mr. Cowen: Yes, but there is a contract there your honor.

Gary, J.: That don’t matter. An action of trover can’t be based upon a contract for the payment of money. There is nothing in that. Motion overruled.