Caveny v. Weiller

Citations

• 90 Ill. 158

Syllabus

<p>1. Practice—waiver of objection. If a defendant, after the court decides his affidavit setting up his defense under the five-day rule to be insufficient, takes no exception, but asks and obtains leave to file a new affidavit, he can not assign the ruling upon the first for error.</p> <p>2. Same—party must except, if he designs to urge ruling as error. Unless a defendant takes an exception to the ruling of the court in allowing a motion for a speedy trial, and trying the case out of its order on the docket, and before it has been reached on the regular call, the propriety of the action of the court can not be reviewed in this court.</p> <p>3. Instruction—to find for the plaintiff. An instruction to a jury to whom an issue of fact is submitted, that the plaintiff is entitled to recover, is subject to criticism, and in most cases will work a reversal.</p> <p>4. Error—when will not reverse. This court will not reverse a judgment for an erroneous instruction to find for the plaintiff, when, under the evidence, the verdict could not have been different from what it was.</p>