Chicago & Alton Railroad v. Morgan

Citations

• 69 Ill. 492

Syllabus

<p>1. Evidence—when, objection should be specific. Where an objection to evidence is made generall}’, a particular objection to its admission, which might have been obviated by other proof, will not avail on appeal or error.</p> <p>2. Variance—as to proof of description of land. On the trial of an action of ejectment for premises described as a strip of land 50 feet wide and 1000 feet long, bounded bjr four named streets, the plaintiff, after proving title to a. certain quarter section of land, was asked in what government subdivision a strip of land 50 feet wide and 1000 feet long was situated, giving its boundaries precisely as in the declaration, except that in the question it was referred to as bounded on the west by Front street, while in the declaration it was described as bounded on the west by West street; and he answered, it was in the quarter section to which he had proved title. The proof was objected to generally: Held, that the variance was immaterial, as, rejecting the boundary on the west, the land was sufficiently identified by the other boundaries with the calls and length given.</p>