Gaddy v. McCleave

Citations

• 59 Ill. 182

Syllabus

<p>1. Motions—whether a part of the record unless preserved by biU of exceptions. Upon appeal from the judgment of the circuit court in an action on a promissory note, the sustaining of plaintiff’s motion to strike the defendant’s plea denying the execution of the note from the files, being assigned for error, this court refused to consider the same for the reason that the hill of exceptions did not show any such motion was made, or any ruling of the court upon it, or that any exception was taken. Motions of such a character do not become a part of the record unless made so by a bill of exceptions.</p> <p>2. Pleading and evidence—variance. In an action on a promissory note which recited that it was “given for a right to clarify cider, ale, etc.,” hut the pleader, in declaring on the note according to its legal effect, omitted any such description, but otherwise described it correctly, it was held., there was no variance between the note and the declaration. It was not necessary that the declaration should set forth the particular consideration for which the note was given, although mentioned in the note.</p> <p>3. Plea denying execution of a promissory note—admissibility of evidente under, when not verified by affidavit. Under a plea denying the execution of the note sued on, but not verified by affidavit, the defendant will not be permitted, on the trial, to deny his execution of the note.</p>