Schill v. Reisdorf

Citations

• 88 Ill. 411

Syllabus

<p>1. Evidence—record without placita. Where the record of a cause shows a suit taken to the county court by appeal, with the names of the parties, and their appearance, and a trial by the court by consent of parties, such record is admissible in evidence to show the judgment in a suit on the appeal bond, even though it contains no placita, especially when not objected to for want of the convening order.</p> <p>2. Practice—time for objecting to evidence for variance. An objection to evidence on the ground of variance can not be urged in this court, when not made in the court below.</p> <p>3. Appeab bond—mistake in name of party. Where the names of the parties to a suit are correctly given in an appeal bond, except in the condition, where the appellee’s name is inserted instead of the appellant’s, the bond will not be rendered invalid, as the context shows the mistake and who was intended.</p> <p>4. Same—condition in substance good. An appeal bond is not rendered invalid because the condition is not in the statutory form, if it is substantially the same, and even if not, it is good as a common law obligation.</p>