Morgan v. Corlies

Citations

• 81 Ill. 72

Syllabus

<p>1. Circuit court—right of a judge to hold court out of his circuit. A judge of one circuit may legally hold court in another, and when the record shows that such is done, it will be presumed he did so by request of the proper judge, it not being 'indispensable that the plácito should show such fact.</p> <p>3. Chancery practice—when party must answ&r to the merits. Where the time for answering a bill in chancery is extended by written stipulation, and in consideration of such extension the defendant is to answer to the merits, he must so answer, and if he pleads in abatement the pendency of another suit, it is proper to strike the plea from the files.</p> <p>3. Practice—time to object to order. If no objection is made at the time to an order of the court for the production of books of account relating to matters in suit, it will be presumed it was made by consent.</p> <p>4. - Same—time to object to depositions. It is too late to object in this court, for the first time, that depositions read in evidence contained no caption or certificate. A motion to suppress must be made in the court below.</p> <p>5. Pleading and evidence—matters admitted by the pleadings need not be proved. Where a bill in chancery and the answer thereto admit the existence of a partnership and an unsettled partnership account, proof of these facts is unnecessary, and a decree requiring an account may find such facts without other evidence than such admission.</p> <p>6. Chancery—when defendant should preserve evidence. Where a decree is justified by the pleadings and the facts recited in the decree, it is the duty of the defendant to preserve the whole evidence in the record by bill of exceptions, or certificate, if he questions its sufficiency to justify the findings of the court.</p>