City of Alton v. Hartford Fire Insurance

Citations

• 72 Ill. 328

Syllabus

<p>1. Evidence—should he excluded unless competency of is shown, when objected to. Though it may be a party is not to be controlled in the order of his testimony, yet if he offers evidence which is not competent without other connecting evidence, and it is objected to on that ground, and he does not state that he will show the connecting link in his chain of evidence, and does not show it, the evidence offered should be excluded.</p> <p>2. City ordinances—when objected to as evidence, authority to pass them must be shown. In a suit brought by a city to recover a penalty for the violation of a city ordinance, it is proper to exclude the ordinance, when offered in evidence, unless the plaintiff shows or offers to show that the city had the authority to pass the ordinance, and if such evidence is not offered, and there is no evidence except the ordinance itself, it is proper for the court to exclude it, and unless the plaintiff submits to a non-suit, to instruct the jury to return a verdict for the defendant.</p>