McCord v. Mechanics' National Bank

Citations

• 84 Ill. 49

Syllabus

<p>1. Pleading—special plea, which amounts to the general issue, bad on special demurrer. The general rule is, that matter which may be proved under the general issue, can not properly be made the subject of a special plea.</p> <p>2. Evidence under the general issue. When the declaration sets up the execution of a promissory note, and a guaranty indorsed thereon by the defendant at the time of its execution, a plea that the guaranty was not executed at the time the note was made, amounts to the general issue, and a special demurrer to it should be sustained.</p> <p>3. Practice—when sufficiency of proof on assessment of damages can not be questioned. Where the assessment of damages is not sustained by adequate proof, a motion should be made in the court below to set aside such assessment, and an exception taken to the judgment of the circuit court in overruling such motion, and unless this is done the question can not. be raised in the Supreme Court.</p>