Dodge v. Wright

Citations

• 48 Ill. 382

Syllabus

<p>1. Jurisdiction in chancery—remedy at law—waiver. The objection by a defendant to a suit in chancery^ that the complainant has a complete remedy at law, will be deemed to have been waived, where, after the proofs have been taken, he consents to a hearing upon the merits,</p> <p>2. Same—objection must be insisted upon in the court below. Such objection must be insisted upon in the court below, otherwise it will be considered as waived, in the appellate court.</p> <p>3. Landlord and tenant—relative to the act of 1865—requirementsbefore declaring forfeiture of alease. The act of 1865 does not-dispense with the common law requirement of a demand of rent upon the premises before declaring a forfeiture of the lease.</p> <p>4. Allegations and decree—must correspond. A complainant is not entitled to relief which is not sought for by his bill. And it is error for the court so to decree.</p>