Dean v. Gecman

Citations

• 44 Ill. 286

Syllabus

<p>1. Pleading at law —filing new pleas—after demurrer sustained,—waiver of first pleas. The practice is well settled, that where a defendant, after his pleas have been adjudged bad on demurrer for substance, takes leave to amend, and files as an amended plea a new and different plea, he thereby waives his first pleas and cannot assign for error the decision of the court sustaining the demurrer.</p> <p>2. Practice—finding upon the issue of nul tiel record—when presumed correct. The finding of a court upon the issue of md tiel record will be presumed correct in the absence of a bill of exceptions.</p>