Feder v. Greenberg

<p>Abstract of the Decision.</p> <p>1. Judgment, § 101*—when absence of defendant does not render judgment one by default. Where a defendant is in court by appearance, the mere fact that he was not present at the trial does not render the judgment against him a judgment by default, where it was given after evidence and argument had been heard.</p> <p>2. Appeal and ebbor, § 787*—when bill of exceptions necessary. A bill of exceptions must be preserved in order to enable the Appellate Court to pass upon an assignment of error that the finding of the trial court is contrary to the evidence.</p> <p>3. Pleading, § 50*—when evidence against one defendant admissible in action against joint defendant. The fact that the statement of claim in an action against two defendants shows the claim under one construction of the statement, to be wholly and under another partially founded on a written agreement signed by one defendant only, does not render incompetent any evidence whatsoever which shows a claim against the other defendant alone.</p> <p>4. Municipal Court of Chicago, § 13*—when statement of claim in fourth-class case sufficiently exact. Exactness and precision in the statement of claim in a fourth-class case in the Municipal Court of Chicago are not required, hut the claim is sufficient if the defendant is apprised of the nature of the demand against him, and inaccuracy is not a ground for reversal where prejudice therefrom is not shown.</p> <p>5. Municipal Court of Chicago, § 13*—when variance in statement of claim in fourth-class case waived. Variance in a statement of claim in a fourth-class case is waived by failure to object.</p>