Noyes v. Kern

Citations

• 94 Ill. 521

Syllabus

<p>1. Change of venue—waived by going to trial without objection. Where, two years after applying for a change of venue, the parties submit the cause to hearing before the same judge against whom the petition for the change was filed, the party applying for the change of venue making no objection, this court will not inquire whether the court erred in overruling the application. By going to trial before the same judge without objection, the party waives any error, if any, in the previous ruling upon the motion.</p> <p>2. Former adjudication. Where the vendor of land, after the full payment of the principal of the purchase money, tenders the vendee a deed, demanding the payment of interest which he claims to be due on the purchase money, and, on refusal to pay the same, brings suit to recover such interest, and, on a trial, fails, and judgment is rendered in bar against him, that judgment will be conclusive evidence against him that the vendee owes him no interest, in all courts, whether of law or equity, and he can not defeat a bill for specific performance by his vendee by setting up in defence that the vendee owes him interest.</p>