Appellate Court of Illinois, 1917

Johnson v. Leipold

Appellate Court of Illinois · Decided April 13, 1917 · Higbee

206 Ill. App. 337

Opinion of the Court

Mr. Justice Higbee

delivered the opinion of the court.

4. Pleading, § 3*—when plea denying joint liability is essential. A plea denying joint liability is requisite to entitle parties to defend on the ground of not being jointly liable. 5. Appeal and error, § 1240*—when party may not complain of variance. If a party defendant induces the court to declare to the jury the rules of law applicable to the state of facts disclosed by the evidence, and to direct them to return a verdict in accordance with his legal rights under such state of facts, he cannot complain that the facts proven were not within the scope of the allegations of the declaration.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.