Lowry v. Coster

Citations

• 91 Ill. 182

Syllabus

<p>1. Change of venue—-from circuit to city court. On granting a change of venue by the circuit court, the court may send the cause to some other court of record of -competent jurisdiction, in the same or some other convenient county, to which there is no valid objection. A civil cause may be sent from the circuit court of Kendall county to the City Court of Aurora.</p> <p>2. Same—right to object because fees not paid. Where a defendant obtains an order for a change of venue to another court upon condition he pays the clerk the expenses attending the change within a specified time, and he fails to pay such charges, and the clerk nevertheless makes out the necessary record and transmits the same with the papers, the defendant can not take advantage of his own wrong or neglect to pay to defeat the change and have the cause remanded back.</p> <p>3. Error—when no ground of reversal. Where the whole record shows that no evidence was admitted or excluded on the trial calculated to defeat the ends of justice or prevent a fair, impartial verdict, this court will not reverse for slight or technical errors in respect to the admission of evidence.</p> <p>4. Evidence—parol, to prove marriage. In a civil action, record evidence to prove a marriage is not necessary, but it may be shown by parol, or proved by reputation, declarations and conduct of the parties, and other circumstances usually accompanying that relation.</p> <p>5. Exemplary damages — suit by wife for injury from intoxication of her husband. In a suit by a wife against a party to recover for an injury in her means of support in consequence of the habitual intoxication of her husband from liquors sold him by the defendant, if actual damages are shown, then the jury may allow exemplary damages.</p> <p>6. Same—tzs to character of exemplary damages—former decision. There is no distinction between exemplary damages and damages allowed as a punishment. In so far as the case of Meidel v. Anthis, 71 Ill. 243, declares a dif