Nixon v. Halley

Citations

• 78 Ill. 611

Syllabus

<p>1. Practice nr Supreme Court—remittitur. If a party in this court remits the amount of a particular item of account included in his judgment, this will obviate any conceived error in refusing an instruction relating to such item.</p> <p>3. Costs—remittitwr in Supreme Oowrt. Where the defendant below brings the cause to this court, and the plaintiif remits here a portion of the judgment, which was one of the grounds of error assigned, the party • thus entering the remittitwr will be required to pay all the costs which had accrued in this court up to that time.</p> <p>3. Married women—liability on their contracts—estoppel. If a married woman is in the possession of property, claiming to own and controlling the same, and, on her declaration of ownership, employs a party to make improvements on the same, under the belief that it is her separate property, she will be estopped from denying that she owned the same, when sued for the value of the labor performed.</p> <p>4. It is sufficient, to make a married woman liable, that she is in possession of real property, claiming to own the same in her own right, and, as such, employs another to perform labor upon the same. In such a case, it is wholly immaterial whether she has any title to the same or not.</p> <p>5. Lex nocí. The validity of a contract of a married woman, in respect to her separate property, or property claimed by her, is determined by the laws of the State where the same is made.</p>