Stowell v. Moore

Citations

• 89 Ill. 563

Syllabus

<p>1. Deposition—-formal objections waived by going to trial without motion to suppress. Merely formal objections to a deposition are waived by a failure to move to suppress the same before-the trial, as, where the dedimus names the commissioner as W. H. Miner and the notice describes him as N. H. Miner, before whom it is in fact taken.</p> <p>2. Same—misdescription of note in interrogatory. A misdescription of the note sued on in an interrogatory of a deposition, as to the rate of interest, describing it as bearing ten per cent instead of twelve, is not a sufficient variance to exclude the answer as evidence, where it is apparent that the note referred to in the answer is the one in suit.</p> <p>3. Practice—finding propositions of law arising in case. Where the plaintiff is entitled to judgment if his testimony is the most credible, and the defendant is also entitled to judgment if his evidence is believed, depending upon the facts as to the defense, it is not error for the court„trying the case without a jury, to refuse to decide whether the defendant’s propositions submitted contain correct principles of law, if the finding can not change the judgment upon the facts.</p>