Barnes v. Brookman

Citations

• 107 Ill. 317
• 1883 Ill. LEXIS 265

Syllabus

<p>1, Pleading over—waiver of demurrer. By pleading over a defendant waives bis demurrer to tbe declaration, and can not thereafter assign on any ruling in regard to it.</p> <p>2. Amendments and jeofails—defective pleading cured after judgment. If no motion is made in arrest of judgment, section 6 of tbe Statute of Amendments prevents a reversal “for any mispleading, insufficient pleading,” etc. Tbe rule is, a verdict will aid a defective statement of title, but will never assist a statement of a defective title or cause of action.</p> <p>3. Bond—good as a common lato obligation, though not in compliance with the statute. An obligation entered into voluntarily, and for a sufficient consideration, unless it contravenes the policy of the law, or is repugnant to some provision of the statute, is valid at common law, notwithstanding the . attempt may have been to execute it pursuant to a statute with the terms of which it does not strictly comply.</p> <p>4. Injunction bond—of its conditions. It has been held, in case of enjoining the collection of a promissory note, the statute prescribes no rule in regard to the conditions to be inserted in the bond, and that the chancellor or master may, hence, in the exercise of a reasonable discretion, require the complainant to give security for the payment of the debt, in case he fails to maintain his suit.</p>