Cox v. Jordan

Citations

• 86 Ill. 560

Syllabus

<p>1. Distress eor rent—set-off must be pleaded. In a distress for rent, where the defendant pleads no rent in arrears only, the defendant can not recover judgment for damages in his favor upon any state of proof. To authorize this he must plead a set-off either specially or give notice thereof under the general issue.</p> <p>2. Same—set-off by plaintiff to defendant’s counter claim. An action by distress is for rent due only, and unless the defendant opens the door to the investigation of other matters by pleading a set-off, the rent alone is the proper subject matter of the suit, and to this the proof should be confined. But if the tenant pleads a set-off, the landlord, by way of replication, may plead any matter of defense, such as a set-off, the same as if he were sued as defendant; but the landlord, in such case, can not recover for any excess of his set-off over that of the tenant. The prayer for judgment in such, replication should be as claimed in the declaration.</p> <p>3. Statute—allowing tenant to plead set-off. The statute giving the tenant in a distress for rent the right to avail of a set-off was intended to apply only to cases where, upon a fair adjustment of all counter claims other than the rent, the landlord will be indebted to the tenant, and in such case gives the tenant the benefit^of his claim on such balance.</p> <p>4. Distress—amending declaration. The plaintiff in a suit by distress for rent has not the right to so amend his declaration as to make it embrace claims and demands other than the rent, or to make proof thereof under such amendment, although the defendant has pleaded a set-off.</p>