Phillips v. Webster

Citations

• 85 Ill. 146

Syllabus

<p>1. Pleading and .evidence—whether evidence has its foundation in the pleadings. In an action by the assignee of a promissory note, against the assignor, where the insolvency of the maker is alleged as the ground for a recovery, evidence of the appointment of a receiver of the maker and his possession of the maker’s property, is admissible without any allegation in the pleadings to that effect, it not being necessary to plead the evidence, but only the facts.</p> <p>3. Evidence—to prove insolvency of maker of note. In a suit by the assignee, against the assignor of a note, an allegation of the insolvency of the maker, as an excuse for want of diligence by suit, is prima facie established by the return of executions, in other cases against the maker, “nulla bona.'”</p> <p>3. Same—deoree without placita. Where the copy of a decree shows . in what court it was rendered, and by what judge, and jurisdiction of the parties, in a case where the court has jurisdiction of the subject matter, it is admissible in evidence for a collateral purpose, although no placita appears. A complete transcript of the record is not necessary in such a case, the suit not being upon the decree.</p> <p>4. Same—clerk's certificate as to record of decree. If a decree is certified by the clerk of the court as the decree of the court, in a particular case, as appears by the record, the same is admissible in evidence, the certificate being made evidence by statute.</p> <p>5. Same—certificate to decree—its sufficiency. The fact that the clerk of a circuit court, in certifying to a decree, identifies the cause by using the initials of the name of the defendant corporation, is no valid objection to its admission as evidence, where proof is made of the meaning of such initials, or where, from other words in the certificate, reference is made to the cause mentioned in the decree, in the caption whereof the name of the company is apparent.</p> <p>6. Assignment—liability of assignor. Where it is shown t