Bell v. Senneff

Citations

• 83 Ill. 122

Syllabus

<p>1. Instruction—variance from pleading. Where a declaration alleges that the defendant falsely, willfully, voluntarily, knowingly and corruptly testified, on a former trial between the parties, to material facts which defeated the plaintiff’s recovery, etc., an instruction that unless the jury believe, from the evidence, that the defendant falsely, willfully, etc., committed perjury, to find for the defendant, is not erroneous as being variant from the allegation in the declaration.</p> <p>2. Pleading — declaration—surplusage. Where a declaration in an action on the case charged that the defendant falsely, willfully, knowingly and corruptly testified on a former trial, between the same parties, to material facts, whereby the plaintiff was defeated in the suit, it was held, that all the words, except the false swearing, could not be rejected as surplusage, but that if a recovery could be had, it was necessary to prove that the testimony was not only false, but willfully and corruptly so.</p> <p>3. Witness—action against, for false swearing. An action does not lie against a witness merely from accidental or unintentional false evidence on his part. If, from want of memory or mere inadvertence, he should fail to state all the material facts in his knowledge, he can not be held liable in any form, of proceeding. He will not he liable merely because, from carelessness, he may make a false statement</p> <p>4. Same—-false swearing, whether willful. Where the parties to a suit both testify, and their evidence is conflicting as to matters material in relation to a contract, it does not necessarily follow that either has sworn willfully false, as the conflict may arise from an honest difference of opinion as to the contract.</p> <p>5. Evidence—record of acquittal conclusive. The record of acquittal of one tried on a charge of perjury is conclusive evidence, in all subsequent suits, that the party is not guilty of perjury, but not that his testimony was true in the case.</p>