Goggin v. O'Donnell

Citations

• 62 Ill. 66

Syllabus

<p>1. Plea in abatement—non-joinder of secret partner. In an action of assumpsit to recover the value of services rendered, the defendant pleaded in abatement the non-joinder of his alleged partner : JETeld that proof showing there was such a partner, but that he was a secret partner, and of whom, the plaintiff had no knowledge at the time he was employed by the defendant, would not support the plea.</p> <p>2. Same—assessment of damages when issue is .found against the defendant, whether jury should assess them. Where a plaintiff takes issue on a plea in abatement, and the jury find against the defendant, they should assess the plaintiff’s damages so that final judgment may be given. It is not necessary to swear the jury specifically to assess the damages, but swearing them to well and truly try the issue joined between the parties, and a true verdict render according to the evidence, includes the assessing of the damages.</p>