Fanning v. Russell

Citations

• 81 Ill. 398

Syllabus

<p>1. Bill of exceptions—when necessary. The action of the circuit court in striking pleas, which, on their face, present a good defense to the action, from the files, will not be reviewed unless the evidence before the court, and upon which it acted, is preserved by bill of exceptions.</p> <p>2. Where the damages assessed by the court on judgment by nil dicit do not exceed the amount claimed in the declaration, and the evidence is not preserved by bill of exceptions, the action of the court will not be reviewed.</p> <p>3. Judgment bt nil dicit—pleas stricken from files. Where a plea is stricken from the files, and no leave to plead asked for, it is proper to render judgment by nil dicit.</p>