Clevenger v. Dunaway

Citations

• 84 Ill. 367

Syllabus

<p>1. Distress tor rent—effect of judgment. Since the act of 1873, providing that where the defendant in a proceeding by distress warrant has been served, or appears to the action, the judgment shall have the same force and effect as in suits commenced by summons, such judgment is final and conclusive between the parties, as to all matters that should have been determined in that proceeding, the chief of which is, whether rent is due or not, and if so, what amount.</p> <p>2. Practice—when objection to evidence should be specific. Where an objection is made to the sufficiency of evidence to prove the contents of lost papers, or for any other reasons which might be obviated if pointed out, the objection should be specially made, and if the objection is made generally to the evidence, without pointing out the specific ground, it can not be urged in this court.</p> <p>3. Instruction—when evidence as to the facts is contradictory. It is not error, where the evidence is contradictory, to instruct the jury as to the conclusion of law upon the hypothesis that they find the evidence to sustain either one view or the other.</p> <p>4. Exemplary damages—in trespass for levying second distress wa/rrant. Where a landlord has levied a distress warrant for rent claimed to be due, and on a trial the jury has found there was no rent due, and judgment is rendered on the verdict, and the landlord, disregarding that judgment, levies another distress warrant upon the same claim for rent, the tenant may, in an action for trespass, recover exemplary damages.</p>