Washington v. Louisville & Nashville Railway Co.

Citations

• 136 Ill. 49

Syllabus

<p>1. Practice—defense arising after suit brought—how to be availed of. A settlement and release of a cause of action, an accord and satisfaction, or other matter arising after the last pleading which goes simply in discharge of the original cause of action, must generally be availed of by plea puis darrein continuance. But when the parties seek not only to adjust the amount of the claim, but further, to have judgment entered, for such amount, the court may, on motion, execute the agreement by giving judgment in pursuance thereof.</p> <p>2. Same—settlement of suits—how far enforcible—questions arising. Settlements of pending litigation are favored by the courts, and when fairly made, upon valuable consideration, they will be enforced upon proof of the agreement, on motion of either party.</p> <p>3. Upon motion for judgment, based upon a written agreement of the parties by way of settlement of the pending litigation, the court may properly inquire whether the agreement has been executed; and when It is claimed that such agreement was obtained by fraud, it is the duty of the court to determine that question, and also the power of the party to make the agreement.</p> <p>4. Same—time to object—as to improper evidence. If a party resisting a motion for judgment on a' stipulation, makes no objection to the introduction of affidavits in support of the motion, he will not be heard to complain that he was deprived of the right to cross-examine. If improper evidence is offered he should object, so that the other party may supply its place by competent evidence.</p> <p>5. Trial by jury—whether the right exists—as, in respect of a settlement of pending suit. Where the making of an agreement in settlement of a pending suit, containing a stipulation for judgment, is controverted, .the court, in the exercise of a sound discretion, may properly require the party' seeking to enforce the agreement to present the same by an appropriate plea, to the end that the issue thereon may be su