Harris v. Galbraith

Citations

• 43 Ill. 309

Syllabus

<p>1. EqurrY—will not relieve for failure to make defense at law. Where a party has a legal defense to an action at law, he must avail himself of it in such suit.</p> <p>2. Evidence —parol evidence—inadmissible to va/ry terms of a written con- ■ tract. In a suit on a promissory note, parol evidence is inadmissible, to show a cotemporaneous verbal agreement, varying the terms of the note.</p> <p>3. Same—admissible to impeach consideration. But parol proof may be-received to impeach the consideration of a note.</p> <p>4 Attorney—when authority of, to prosecute suit, will be presumed. If, in a suit upon a promissory note, an attorney of this court appears, and has possession of the note sued upon, the inference is, that he has authority to conduct such suit.</p> <p>5. Same—want of authority no ground for equitable relief— how and where questioned. That an attorney had no authority to prosecute -the suit at law, affords no ground of equitable relief; such question must, be determined in, the court of law, and not of equity.</p> <p>6. Chancery—bill of discovery—what must- be done before party entitled' to. The question, whether a party is entitled to -a discovery, against one who i is prosecuting him in an action at law, cannot be determined;until he has-filed his plea to such action divulging the character of his defense.</p> <p>7. Same—admissions by defendant of no > avail. And, in such case, there being no issue in the action at law, should the defendant admit the allegations of the bill, the complainant could not availihimself of such admissions.</p> <p>8. Same—when no equity appears on face of bill—may be dismissed. It is proper for a court, on its own motion; to dismiss a bill, which, on its face, shows no ground for equitable relief..</p>