Hopkins v. Woodward

Citations

• 75 Ill. 62

Syllabus

<p>1. Pleading —plea of fraud in obtaining judgment sued on. In an action upon the record of a- judgment, a plea that the judgment sued on was had and obtained by fraud and covin of the plaintiff, and with the intent to defraud the defendant out of the sum of money in the declaration mentioned, is bad in not setting out the facts in which the fraud and covin consisted.</p> <p>2. Practice—tried without deciding demurrer. Where the court proceeded to the trial of a case upon the issues of fact formed without deciding a demurrer to a plea, there being no joinder in demurrer, and it appearing that the plea would have been adjudged bad, had the demurrer been decided, it was held that the irregularity was not such as to authorize a reversal, the defendant not having placed himself in a position to demand a decision on the demurrer.</p> <p>3. Same—copy of instrument sued on. The failure to file a copy of a record sued on, with the declaration, is no ground for dismissing the suit, but only for a continuance.</p> <p>4. The denial of a motion for a rule on the plaintiff to file a copy of the instrument sued on, will be cured by the filing of such copy at a subsequent term and before the trial.</p>