Winslow v. Newlan

Citations

• 45 Ill. 145

Syllabus

<p>1. Dismissal of suit—rights of copdaintijf. One of twoplaintiffs has no right to dismiss a suit, against the objections of the other, unless he can satisfy the court that the latter has no interest in the claim, or that he is liable to be injured by its further prosecution, and even then he has no such right if his co-plaintiff shall indemnify him against loss.</p> <p>2. Same—defendants home no rigid to complain. The refusal of the court to dismiss a suit at the instance of a co-plaintiff, cannot be assigned as error by the defendants.</p> <p>3. Exceptions. This court will not review the rulings of the court below in admitting evidence, unless exceptions were taken and preserved in the record.</p> <p>4. Touts —parties —judgments. In actions for torts, it is a rule of practice coeval with our jurisprudence, that a plaintiff may recover against as many, and only such defendants, as he proves to be guilty. If sued in the same action, they cannot be charged in the declaration otherwise than jointly.</p> <p>5. Depositions—objections. It is too late to raise objections to depositions in matters of mere form, on the trial. To permit such a practice, would be to entrap the party offering them.</p> <p>6. If formal objections exist to depositions they should be taken and settled on exceptions before the trial, so that, if they are sustained, the party in whose favor they were taken may otherwise procure the evidence of the witness on the trial, or retake his deposition.</p> <p>7. Objection to the sufficiency of a notice to take a deposition comes too late if made at the trial.</p> <p>8. Objections to the substance or pertinency of evidence taken by depositions can only be taken on the trial.</p> <p>9. Partners—declarations of—how far taken as against copartner. The statements of one of several partners, whether written or verbal, made after a dissolution of the firm, although relating to its business before the dissolution, are incompetent to charge the other members of th