Boynton v. Renwick

Citations

• 46 Ill. 280

Syllabus

<p>1. Judgments by confession—motion to vacate—exceptions, when, to be taken. . Where a motion is made for an order to stay execution on a judgment by confession, and for leave to plead to the merits, and both parties are present in court when the motion is sustained, and no objection is made as to the time when the motion was interposed, and no exceptions taken, the objection cannot be raised in the supreme court.</p> <p>2. If no exceptions are taken to the action of the court below in staying execution, and letting the defendant in to plead to the merits, this court will presume that sufficient grounds appeared for the action of that court.</p> <p>3. Pleading—averment of endorsement of a note. Where a declaration avers that a note was assigned after due, the court will presume that the assignment was on the note, and not on a separate piece of paper.</p> <p>4. Same—pleading must -be construed, most strongly against the pleader. The court recognize the doctrine that a plea must be taken most strongly against the pleader, and if an allegation in it be equivocal, or presents two meanings, the one should be adopted most unfavorable to the pleader.</p> <p>6. Judgments—form of. Where a defendant has been let in to plead to the merits in a judgment by confession, and the original judgment remained in force as security for the amount really due, and the amount was reduced, it is proper for the court to direct that only the amount the jury found due should be collected on any execution which might be issued on that judgment.</p>