Kelderhouse v. Hall

Citations

• 116 Ill. 147
• 4 N.E. 652

Syllabus

<p>1. Practice—mode of raising question on trial by the court. Where a jury is waived and the cause tried by the court, and no objection is made to the admission of evidence, and no propositions of law presented to the court calling for a ruling of the court, this court can not inquire into the correctness of the rulings of the trial court.</p> <p>2. If an award of arbitrators and the agreement of submission are admitted in evidence on a trial by the court without a jury, in order to raise the question as to the validity of the award the party objecting to it should prepare a proposition of law, and have the court pass upon the same, and the ruling thereon would then be subject to review on appeal or error.</p> <p>3. Prior suit pending—action at law for moneys in the hands of a receiver, pending a suit for a partnership accounting between the plaintiff and another. The earnings of a vessel were placed in the hands of a receiver pending a litigation, to be held for the party entitled thereto, and after the dismissal of the suit in which the receiver was appointed, one of the claimants of the fund sued the receiver in assumpsit for money had and received. It was held, that the pendency of a bill in equity by another against the plaintiff, for a partnership accounting in respect to the same subject matter, was no bar to the action at law. A recovery by the plaintiff in such case would be no bar to an adjustment of the partnership account.</p>