Bunker v. Green

Citations

• 48 Ill. 243

Syllabus

<p>1. Pleading.—irregularities cured by trial. Where defendants file pleas of justification and plaintiffs fail to reply and the parties go to trial, they thereby waive the irregularity and cannot assign the want of replications as error in this court.</p> <p>2. Judgment—nunc pro tunc—after death of a sole plaintiff. Where a trial was had in an action of trespass, to personal property, the jury found a verdict in favor of the plaintiff, when a motion for a new trial was entered, but not decided for several months, and in the meantime the plaintiff died, and the court thereupon rendered a judgment nunc pro tunc, as of the term at which the trial was had, but of a date eight days prior to the finding of verdict: Held, that as the action survived to the legal representatives of the plaintiff, under the seventh section of the act in reference to abatement, plaintiff’s death should have been suggested and the suit revived in the name of his representatives, and that it was error to render judgment of a date prior to the finding of the verdict, but being immaterial, a judgment would not be reversed for that reason.</p> <p>3. Evidence—when admissible. The declaration of the vendor of chattels in reference to the character of the sale, made after the execution of a bill of sale, and the delivery of the key of the store, in which the goods were situated, are not admissible to disparage the title of the purchaser. The declarations of the vendor made before and at the time of the sale, are admissible to show the character of the transaction, but not those made afterwards.</p> <p>4. Same—bill of sale—revenue stamp. Where it appeared that the revenue stamp attached to a bill of sale was less than that designated by the revenue law: Held, that it was nevertheless- admissible. In the cases of Latham v. Smith, 45 Ill. 29, and Craig v. Limmock, 47 Ill. 308, it was held that the General Government had power to prevent all unstamped instruments from being read in evidence in the feder