Graves v. Shoefelt

Citations

• 60 Ill. 462

Syllabus

<p>1. Justice of the pba.ce — jurisdiction, waiver. If a-person npt a justice of the peace were to assume the functions of such officer and. issue a writ of replevin, he would be a trespasser; hut if the defendant in such writ were to apply to him and procure a change of venue to a person who was a justice, and then proceed to trial before the latter, lie thereby waives all objection to the want of jurisdiction and confers it on the officer trying the case, both as to the person and the subject matter, and can not maintain a motion, to dismiss the suit on appeal iu the circuit court.</p> <p>2. Venue — change of — notice. It is not error for the circuit court to overrule an application for a change of venue, where no notice of the motion has been given to the other party.,</p> <p>3. Replevin bond. It is not ground for dismissing a replevin suit, on appeal in the circuit court, that the bond does not correctly state the date of the Viril. _ .</p> <p>4. Bbbob. will not always reverse. A judgment will be affirmed if it is clearly sustained by uncontradicted evidence, notwithstanding the court may have given an erroneous instruction, where it can be seen no injury could result therefrom.</p>