Cairo & St. Louis Railroad v. Easterly

Citations

• 89 Ill. 156

Syllabus

<p>1. Bill of exceptions—to preserve affidavit for new trial. If a party wishes to rely on affidavits used in support of a motion for a new trial, in this court, he must preserve them in the bill of exceptions, and thus make them a part of the record.</p> <p>2. Practice—production of papers. A motion to require the plaintiff to produce a paper containing, the dates when work was done by him, etc., is properly denied, when it is not made to appear that reasonable notice to produce the same had been given.</p> <p>3. Judgment—when it must be against all the defendants. Where an action ex contractu is brought against several, a joint cause of action against all must be alleged and proved on the trial, and it is error to render judgment against all where the proof does not show a joint liability. It seems, in such case the plaintiff may amend his declaration by dismissing as to the defendants not shown to be jointly liable.</p>