Legal Opinion
Nelson v. Smith
Appellate Court of Illinois
Decided June 4, 1894PublishedCited by 1 opinion
atem.oran.dmn.—Forcible detainer. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding.
1Opinion of the CourtJustice Waterman
This was a proceeding against appellants for the forcible detainer of certain premises.
Judgment having been rendered against them, appellants prosecute this appeal, and assign as error that there was a misjoinder of plaintiffs and also of defendants.
Appellants made no such objection in the court below, where it could easily have been obviated; they can not urge it here for the first, time. Towan v. Emmet, 41 Ill. 319; City of Mattoon v. Fallin, 113 Ill. 249.
Appellants also insist that there was a variance between the complaint and the evidence introduced in support thereof. This objection is…
2Cases cited4 opinions
- Hair v. BarnesAppellate Court of Illinois · 1888
- City of Mattoon v. FallinIllinois Supreme Court · 1885
- Town of Harlem v. EmmertIllinois Supreme Court · 1866
- Reid v. FosterAppellate Court of Illinois · 1890
3Cited by1 opinion
- National Bank v. BakerAppellate Court of Illinois · 1895