Knickerbocker Insurance v. Tolman

Citations

• 80 Ill. 106

Syllabus

<p>1. Change op venue—court has no discretion in regard to, in civil cases. If a part)-, seeking a change of venue, complies with the requirements of the statute in relation thereto, the court has no discretion in the matter, but must award the change.</p> <p>3. And the fact that the party seeking the change may have no merits, does not change the rule. The right to a change, upon complying with the statute, is secured to him by an express provision of the statute, and the courts have no power to repeal, modify or mitigate any requirement of the statute.</p> <p>3. Pleading—declaration on policy of fire insurance. A declaration which does not aver the value of property destroyed, but which avers that the plaintiff was interested in the property to the value of $5000, although it might be bad on special demurrer, is good on general demurrer, or in arrest of judgment.</p> <p>4. Same—when condition or exception in a contract must be negatived in the decimation. Where a right is conferred by a clause absolute and unconditional in its terms, but the right is limited in a subsequent clause by a condition or exception, the pleader is not required to negative the condition or exception, hut it is for the defense to plead it.</p> <p>5. But when the condition or exception is contained in or referred to by the clause giving the right, then the plaintiff must set out and negative the condition or exception.</p>