McKey v. Ester

Gates, who made affidavit to plaintiffs’ statement of claim, was called as a witness by the plaintiffs. The lease proved was a lease from Ester to Johnson for one year of the premises mentioned in plaintiffs’ claim at $100 per month, with a right of renewal for four years. Defendant’s counsel in his argument to the jury attempted to read from the statement and affidavit of claim and comment on them to the jury, but the court refused to permit him to do so. This was error. Howard v. Tedford, 70 Ill. App. 660; Holmes v. Jones, 121 N. Y. 461. But we do not think that for that error the judgment…