Fonville v. Monroe

Citations

• 74 Ill. 126

Syllabus

<p>1. Practice and pleading—variance between writ and declaration. A variance between the writ and declaration is a matter pleadable in abatement, and where no attempt is made in the court below to avail of it, it cannot be assigned for error in this court.</p> <p>2. It is not error to render a judgment in favor of a plaintiff named in the summons, although he is not named in the declaration, if no question is raised in the court below on the variance.</p> <p>3. Appearance—what constitutes. Where a defendant, not served with process, files a demurrer to a special count and the general issue to the common counts, and the demurrer is overruled and the plea stricken from the files, and defendant, afterward, on his own motion, obtains an extension of time to file a plea with an affidavit of merits, there is a full appearance, and a judgment against such defendant is not erroneous.</p>