Johnson v. Leipold

Appellate Court of Illinois

Johnson v. Leipold

206 Ill. App. 337

DecidedApril 13, 1917

StatusPublished

This text of 206 Ill. App. 337 (Johnson v. Leipold) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Leipold, 206 Ill. App. 337 (Ill. Ct. App. 1917).

Pincite

Opinion

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.

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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.

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Bluebook (online)

206 Ill. App. 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-leipold-illappct-1917.