Humphreyville v. Culver, Page, Hoyne & Co.

Citations

• 73 Ill. 485

Syllabus

<p>1. Bill of exceptions—when necessary. Where no objection to the ¡cisión of the court below in strikins: a plea, and notice of special matter rectness of such decision will not be inquired into in this court. decision of the court below in striking a plea, and notice of special matter of defense, from the flies, is preserved in the bill of exceptions, the cor-</p> <p>3. Promissory note—indorsements by owner. Where the plaintiffs are in possession of a note specially assigned to them, if their names are indorsed upon it, the presumption is that such indorsement is a mere memorandum, or, if they had negotiated it to others, they had taken it up, and such indorsement operates as a re-assignment to themselves.</p> <p>3. Practice—vacating judgment by consent. Although a court can not set aside its own judgment at a subsequent term of court, without consent, yet, with the consent of all the parties it may do so.</p> <p>4. Same—impeaching record by affidavit. After the adjournment of a term at which a judgment is rendered, its absolute verity can not he overcome, or even attacked, by affidavit.</p> <p>5. Same—when objections as to placing case on trial calendar are waived. Where a cause is submitted, by consent of parties, for trial by the court without a jury, such consent is a waiver of all objections as to placing the case upon the trial calendar.</p>