Anderson v. Jacobson

Citations

• 66 Ill. 522

Syllabus

<p>1. Practice—trial with replication unanswered. Whgre the plaintiff goes to trial without issue being taken upon his replication to a plea of set-off, this will not be such error as to justify a reversal. If he desired a formal traverse, he should have taken a rule on the defendant to rejoin.</p> <p>2. Evidence—secondary evidence. It is error to admit a copy of a lease in evidence where the loss or destruction of the original is not shown, or that it was in the possession of the adverse party.</p> <p>3. Promissory note—pleading and evidence. In a suit upon a promissorjr note, it is-error to admit evidence tending to prove that the note was procured by fraud and circumvention, when such defense is not presented by plea. Such defense is not admissible under the general issue. The defense is statutory, and the provisions of the statute must be observed.</p> <p>4. Married woman—right to contract as sole trader. Whether a married woman is a sole trader or not, is a question of fact. If her husband has, without cause, deserted her, she may acquire property, control it and her person, contract, sue and be sued, as a feme sole.</p>