John B. Joslyn, Appellee, v. Martha S. Simmons, Appellant.

Gen. No. 23,183.

(Not to be reported in full.)

Abstract of the Decision.

Municipal Court of Chicago, § 13*—when filing affidavit of claim instead of amended affidavit of attachment is not ground for *257 reversal. Where, on attachment in the Municipal Court of Chicago, a proper affidavit for attachment has been made, the statutory bond filed and due notice given, and defendant appears specially to move to quash the writ, a judgment properly entered thereon will not be reversed because, after filing such affidavit, plaintiff, having been given leave to file an amended affidavit for attachment, filed an “amended affidavit of claim,” unaccompanied by bond, which was in substance and form an affidavit of claim and formed a proper basis for a personal judgment, and defendant obtained leave to have his special appearance “stand to plaintiff's amended statement of claim,” and entered a new motion to quash.

*256Appeal from the Municipal Court of Chicago; the Hon. John Stele, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed November 30, 1917.

Statement of the Case.

Attachment by John B. Joslyn, plaintiff, against Martha S. Simmons, defendant. From a judgment for plaintiff for $40.30, defendant appeals.

A. J. Deutschman, for appellant.

No appearance for appellee.