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· 9/15/1876

Law v. Fletcher

Citations

  • 84 Ill. 45

Syllabus

<p>1. Mew trial—Mil of exceptions must show motion. This court will not inquire whether the evidence authorized a verdict, unless the bill of exceptions shows that a motion for a new trial was made and overruled, and proper exceptions taken thereto.</p> <p>3. Judgment—variance from summons and pleadings. Where the defendant in the summons is described as “ guardian,” and the judgment is against him personally, it will be presumed, in the absence of anything showing the contrary, that the evidence authorized the judgment, and the word “ guardian ” will be rejected as surplusage, and the seeming variance will he cured by the Statute of Amendments.</p>

Judges: Soholeield

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