Simons v. Waldron

Citations

• 70 Ill. 281

Syllabus

<p>1. Variance—between writ and declaration, how taken advantage of. If there is a variance between the summons and the declaration as to the defendant’s name, it must be taken advantage of by plea in abatement.</p> <p>2. New trial—on the evidence. Where the evidence is conflicting and irreconcilable, and the jury are properly instructed, a new trial will not be granted, but the verdict must be relied on as settling the controverted facts.</p>