Gebbie v. Mooney

Citations

• 121 Ill. 255
• 12 N.E. 472

Syllabus

<p>1. Pleading—one good count in support of a general verdict. A judgment will not be arrested for defects in the declaration, if any one of the counts shows a good cause of action, and the verdict is upon the whole declaration.</p> <p>2. Same—plea not answering all it professes to answer. A plea which professes to. answer the whole cause of action or the whole declaration, but which, in fact, answers only the special count, leaving the common counts unanswered, is bad on- demurrer.</p> <p>3. Amendment of record—at a subsequent term—presumption in support of the action of the court. The circuit court can not make an original order in a case at a term subsequent to that at which final judgment is rendered, but it may, at any subsequent term, cause the clerk to enter upon the records of the court an order made at a previous term, provided, only, there shall be some minute or memorial paper from which it can be determined what such order was.</p> <p>4. Where the record in a cause is amended, by order of the court, at a term subsequent to that at which final judgment was rendered, in the absence of a bill of exceptions showing to the contrary, it will be presumed in favor of the judgment of the circuit court, that there was evidence before it by which'to make such amendment.</p> <p>5. Same—bill of exceptions to show ground of objection. A party wishing to assign for error the order of the circuit court amending its record of a cause at a subsequent term, by the entry of orders nunc pro tunc, claimed to have been made at a former term, on the ground there was nothing by which to amend, should tender a bill of exceptions reciting all the evidence on the question before the court.</p> <p>6. Notice—as shown by the record. Where the record of a circuit court allowing a motion to amend the record of a previous term in a cause, shows that the parties had notice of the motion, such notice can not be denied.</p>