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· 4/15/1867

Henderson v. Cummings

Citations

  • 44 Ill. 325

Syllabus

<p>1. Agency—ratification. Where an attorney compromised a debt of his principal, who, after a full knowledge of all the facts attending it, retained the money paid on such compromise, he will be held bound by it, and will not be permitted to ratify it so far as it is for his interest and repudiate the residue.</p> <p>2. Chancery pleading—objection that a bill is multifarious cannot be taken in this court for the first time. The objection that a bill is multifarious cannot be raised for the first time in this court. It should be made in the court below, either by demurrer, plea or answer.</p> <p>3. Same — what deemed a waiver of such objection. And, where a party files his answer, and goes into an examination of the testimony on the merits, he will be considered as having waived such objection.</p>

Judges: Breese

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