Roberts v. Corby

Citations

• 86 Ill. 182

Syllabus

<p>1. Variance—when note is due — days of grace. Where a promissory not» is described as payable on a certain day, as expressed in the note, there will be no variance, although days of grace are allowed. It is enough to describe the same as the parties made it. If suit is brought before the expiration of the days of grace, the objection may be interposed that the action was premature.</p> <p>2. Practice — objection must be made on trial below. Where no objection is made to evidence on the trial in the court below, the question of variance can not be raised in this court.</p> <p>3. Same—want of venue. The omission to state a venue, at common law, can be taken advantage of only by demurrer, and is cured after verdict by our statute of amendments and jeofails.</p> <p>4. Judgment — affidavit to set aside. Where a suit is tried in the absence of the defendant and his counsel, an affidavit to set aside the finding, and for a new trial, should state the facts showing a defense, and show there was no want' of diligence. It is not sufficient to state, generally, that the defendant has a good and valid defense.</p>