Keator Lumber Co. v. Thompson

Citations

• 144 U.S. 434
• 12 S. Ct. 669
• 36 L. Ed. 495
• 1892 U.S. LEXIS 2087

Syllabus

<p>An objection that replications were not filed to the defendant’s pleas when the trial commenced, nor before judgment, with leave of court, comes too late if made after entry of judgment.-</p> <p>When a defendant is compelled to proceed with a trial in Illinois in a case in which the issues are not made up by the filing of replications to the pleas, and mates no objection on that ground, the failure to do so is equivalent.to consenting that the trial may proceed.</p> <p>In Illinois the filing by the plaintiff under the statute of that State (2 Starr & Curtis’ Stats. 1801) of an affidavit “ showing the nature of his demand and the amount due him from the defendant ” does not prevent the recovery of a larger sum if a larger sum is claimed by the pleadings and shown to be due by the evidence.</p>