Belton v. Fisher

Citations

• 44 Ill. 32

Syllabus

<p>1. Judgments—conclusmeness of. A judgment of a sister State which, by the laws thereof, is conclusive on the parties, is equally so, when sued on in this State,</p> <p>2. Variance—idem sonans. Courts at the present day are not confined to the rigid rules of idem sonans, but inquire whether the variance is material. Stevens v. StSMns, 3 Scam. 25.</p> <p>3. Parties — swvimng partners. The administrator of a deceased partner should not join with the surviving partner in a suit to recover a debt due to the firm. At the common law, the surviving partner, alone, could sue.</p> <p>4. Practice—time to object to misjoinder of parties. But, should the administrator improperly join in such a suit, the misjoinder should be objected to in the court in which the suit was brought,—it is too late to take the objection in a suit brought upon the judgment rendered in the action in which the misjoinder occurred.</p>