Lockwood v. Mills

Citations

• 39 Ill. 602

Syllabus

<p>1. Attorney at law—showing authority to commence a suit.' In an action of ejectment, in answer to a rule upon the attorney who brought the suit to produce his authority for so doing, he exhibited a power of attorney purporting to be signed by four out of the five plaintiffs. It appearing that the four had acted formally, and the other consented, although irregularly, the authority was sufficiently shown.</p> <p>2. Objections to depositions—at what time they must he taken. The objection that no internal revenue stamp was attached to the certificate of the officer before whom a deposition was taken, is merely formal, and cannot be made for the first time in the Supreme Court, nor upon the trial in the court below. If there be any force in such an objection, it should be made on a motion to suppress the deposition, and that should be determined before the commencement of the trial.</p> <p>3. The rule is different where the objection is substantial; as where the evidence is irrelevant, it may be excluded on the trial.</p> <p>' 4. Witness—competency. The objection that a witness whose deposition is</p> <p>sought to be read in evidence, was incompetent, on the ground of interest, should be made either when the deposition was taken, if the other party was present at that time, or on motion before the trial.</p> <p>5. In an action of ejectment, both parties claimed from a common source of title, the plaintiffs as heirs at law, and the defendant under a sale by the administrator of the plaintiffs’ ancestor. Held, that the widow of the party through whom the title was thus derived, was a competent witness for the plaintiffs, as her only interest was in her dower right, which could not be affected, whatever the event of the suit.</p> <p>6. Evidence in ejectment—whether an instrument collateral to a deed must he given in evidence. A deed offered in evidence by a party in an action of ejectment, contained a provision that it was made subject to the covenants contained in cert