Morrison v. Hedenberg

Citations

• 138 Ill. 22
• 27 N.E. 460

Syllabus

<p>1. Practice—evidence admitted subject to examination as to correctness—effect of stipulation. Where counsel for defendant in ejectment admits in open court that the plaintiff is entitled to recover unless a copy of a plat is found to be incorrect or the original is not genuine, and the court takes a verdict for the plaintiff with the understanding that a new trial shall be awarded if the copy is not correct and the original not genuine, and time is given for investigation of the matter, and on the day appointed ño objection is urged to the original map or the copy, there will be no error in rendering judgment in favor of the plaintiff and refusing a new trial.</p> <p>2. Where a party stipulates, on the trial of a cause, that the plaintiff is entitled to recover unless a certain other fact is found to exist, he will be held as admitting the plaintiff’s. right to recover his claim or demand in full on the contingency named, and can not afterward raise any question as to the extent of the recovery.</p> <p>. 3. Same—trying case out of its order—sufficient cause—discretion of court. The statute relating to the order in which cases shall be tried or disposed of, not attempting to determine what shall constitute sufficient cause for trying or disposing of a cause out of its order on the docket, that matter is left to the sound discretion and judgment of the court in which the suit is pending, and the action of the court can not be assigned for error except when its discretion is abused.</p> <p>4. As ground for trying an ejectment suit before it was reached in its order, it was ¡Shown that the city of Chicago was the real plaintiff in interest, and that it had purchased the premises to be used as a part of a site for important public works which it was in the process-of constructing, and that until the possession of said premises could be obtained the construction of said works would be delayed, etc.: Held, that the facts showed ample grounds for the court to award a pro