Faulk v. Kellums

Citations

• 54 Ill. 188

Syllabus

<p>1. Evidence—admissibility. In reviewing the action of the circuit court upon questions of objection to certain testimony, this court say, the case was one in which great latitude of examination and cross-examination was allowable, forgery being charged on the one party and perjury on the other; and it is impossible, in such cases, to mark out by definite boundaries, the field of inquiry proper to be traversed.</p> <p>2. Several defendants—judgment must be against all or none. In actions on contracts against two or more, and all are served with process, judgment must be rendered against all or none.</p> <p>3. Same—exception to the rule. The exception to this rule is where the defense is personal, as infancy, bankruptcy, and the like.</p> <p>4. So in an action on a contract against two defendants, where both are served with process and but one pleads to the action, it is improper to enter judgment against the party pleading, and not against his co-defendant. The latter should be defaulted, when the same jury could assess the damages against him, and so final judgment be entered against both defendants.</p> <p>5. Judgment—it 's requisites. An entry was made upon the verdict of a jury as follows: “whereupon the court enters judgment upon the finding:” Held insufficient, as having no element of a judgment other than a bare recognition of the finding of the jury, no action of the court being had upon that finding.</p> <p>6. Verdict—may be put in form by the court. It is competent for the court to give proper form to the finding of a jury, in their presence, and with their assent, and even without such assent.</p>