Mix v. Chandler

Citations

• 44 Ill. 174

Syllabus

<p>1. Pleadito at law—joinder in demurrer a mere formality. It is no objection that a demurrer was taken up and disposed of without a formal joinder, and judgment rendered thereon. A joinder in demurrer is unnecessary.</p> <p>2. Practice—rules of— established by inferior courts. This court will not reverse a judgment, merely on the ground, that the court, in rendering it, disregarded one of its established rules of practice, unless such violation be plain, and likely to result in injustice. A court is the best interpreter of its own rules.</p> <p>3. Same—construction of the thi/rty-fou/rth rude of the Superior Cowrt. Under the thirty-fourth rule of practice, adopted by the Superior Court of Chicago, it is proper for the court to dispose of a demurrer in a cause when reached upon the docket for trial, without any notice; it being the duty of counsel to be present, and prepared for its disposition, whether upon an issue of fact or law.</p>