Raymond v. Kerker

Citations

• 81 Ill. 381

Syllabus

<p>1. Evidence—under a plea, of set-off Where the defendant in a distress warrant flies a plea of set-off, and an issue is made thereon, the indebtedness claimed by the plaintiff is admitted by the pleading, and it is not proper to permit the defendant, upon such an issue, to prove or attempt to prove that the plaintiff had, before the expiration of the term for which the rent is claimed, sold and conveyed the leased premises to a third person.</p> <p>2. Set-oee—-judgment on plea of, if not sustained by proof. Where a plea of setoff is the only plea interposed by a defendant, if there is no evidence to sustain the plea, the judgment must be for the plaintiff’s demand.</p>