Crist v. Wray

Citations

• 76 Ill. 204

Syllabus

<p>1. Pleading—error in sustaining demurrer cured. If the court errs in sustaining a demurrer to a plea, the error will be cured if the plaintiff subsequently files a replication thereto, and no evidence proper under the plea is excluded on the trial.</p> <p>2. Continuance—when amendment is ground for. It does not necessarily follow that a cause must be continued because an amendment is allowed to a declaration, and the defendant makes an affidavit that, in consequence thereof, he is unprepared to proceed to or with the trial at the term, especially when no reason is given to show why he is not prepared.</p> <p>3. Where, after the close of the plaintiffs’ evidence, the court allowed the declaration, which was in trespass for taking and carrying away a piano and an organ, to be amended, by striking out all claim for the piano, it was held, that the effect of the amendment was to render the defendant better instead of less prepared for trial, and that in such a case it was no error to overrule his motion for a continuance, though supported by affidavit that he was unprepared to proceed with the trial.</p> <p>4. Error—that works no injury. Although improper testimony may have been admitted, yet when it appears, from the verdict, that the jury were not influenced by it, and no injury resulted from its admission,' the error will not be sufficient to justify a reversal.</p>