Espen v. Hinchliffe

Citations

• 131 Ill. 468
• 23 N.E. 592

Syllabus

<p>1. Appeal—from Appellate Court—time of application for the appeal •—presumption. Where the Appellate Court allows an appeal from its judgment to this court after the expiration of twenty days, and the record fails to show affirmatively when the petition for the appeal was filed, it will be presumed the petition was filed within the time allowed' by law. A presumption is always indulged in favor of the regularity of judicial proceedings.</p> <p>2. S axe—finding of facts by Appellate Court—not recited in the record —presumption. On appeal from the trial court to the Appellate Court, the judgment appealed from was reversed, without remandment. On appeal from that judgment of .reversal, this court said: “No recital of facts found by the Appellate Court appears in the record, and therefore we must presume that its judgment is not the result of á finding of the facts different from those found by the trial court.”</p> <p>3. Practice—specific objection—as, for a variance. On the trial of an action of forcible detainer against a lessee, the lease offered in evidence was objected to generally. In this court the lease was objected to for a variance, in this, that it was an instrument executed in the name of a partnership firm of which the plaintiffs were the members, while the suit was in the individual names of the plaintiffs: Held, that as this objection was not made on the trial, it could not avail on appeal or error. The specific objection should have been made below, and thus have given an opportunity to obviate it, if well taken..</p> <p>4. Landlord and tenant—waiver of notice, or demand for rent— forcible detainer. The parties to a lease may provide therein that the lessee waives his right to notice of an election to declare the term ended under any of the provisions of the lease, or for any demand for the payment of rent, or for the possession of the premises, and provide that the simple fact of the non-payment of rent shall constitute a forcible detainer; and such