Gardner v. Hayne

Citations

• 42 Ill. 291

Syllabus

<p>1. Demurrer—warned hy pleading oven'. Where a defendant demurs to the plaintiff’s declaration, and the demurrer is overruled, and he then pleads to the action, he waives his demurrer, and cannot rely upon the judgment overruling it as error. To present that question, he should abide by his demurrer and bring it to this court for revision.</p> <p>2. Depositions—should he excepted to when offered and when read. Where a party objects to the reading of a deposition, the bill of exceptions should show, that he so objected, and that he also excepted to the decision of the court admitting it in evidence, and such exceptions failing to appear, this court will not review the decision of the court admitting the evidence.</p> <p>3. Verdict — evidence to sustain it. It is a rule of practice, never to disturb a verdict or finding of the court because it is not sustained by the evidence, unless it appears that the proof is all contained in the bill of exceptions. When that fails to appear, the presumption will be indulged, that there was other and sufficient testimony to warrant the finding. A party alleging error, must show it, by the record. If he urges that the finding is not sustained by the evidence, he should bring all of the testimony heard in the court below, to this court, that the question may be determined.</p>