Knott v. Swannell

Citations

• 91 Ill. 25

Syllabus

<p>1. Bill of exceptions—when necessary. Where there is no bill of exceptions, the Supreme Court can not inquire into the sufficiency of the evidence to sustain the finding, nor to the correctness of the ruling in refusing a new trial.</p> <p>2. Affidavit of claim—not open to contest after default. Where a defendant makes default, he waives all objection that might have been urged to the affidavit of claim filed with the declaration. It matters not how deficient it may be, after default.</p> <p>3. Variance—joint and several note described as jointly made. In a suit upon a promissory note which read, “I promise to pay,” etc., and signed by two persons, the note was described in the declaration as having been made jointly by the defendants: Held, the note was joint and several, and hence there was no material variance between the count and the note.</p>