Millikin v. Jones

Citations

• 77 Ill. 372

Syllabus

<p>1. Practice—as to filing additional pleas after the issue is made up. Where a defendant, at a succeeding term of the court to that at which the issues were made up, filed an additional plea, setting up the Statute of Prauds, without leave of the court or notice to the plaintiff, it was held, no error to strike the same from the files, on motion of the plaintiff.</p> <p>2. Where a defendant, after filing the general issue, and the continuance of the cause, discovers that he has a substantial defense not admissible under the general issue, he should, at the earliest convenient day, ask for special leave of the court to file an additional plea, so as not to take the plaintiff by surprise or delay the business of the court.</p> <p>3. Practice in Supreme Court—error that does no injury. Where, on the trial of a cause, the court admitted evidence, under the general issue, of matters of defense presented by a special plea which had been stricken from the files, and the evidence failed to sustain the plea, it was held, even if there was error in striking the plea from the files, that this court would not reverse, as the defendant was deprived of no meritorious defense thereby.</p> <p>4. Agency—when agent is personally responsible on contract made for his principal. Where an agent, in contracting for his piincipal, discloses the fact of his agency and the name of his principal, or where the other party knows at the time that he is acting as such agent, the latter will not be liable upon the contract, unless he binds himself to become responsible by the terms of the contract. If he agrees to become personally responsible, lie may be sued, notwithstanding his agency.</p> <p>5. Lien—on cattle for pasturage. A person pasturing cattle for another has no lien on the same for the pasturage, unless there is a special contract to that effect.</p>