Spector Realty Co. v. Brophy

Appellate Court of Illinois

Spector Realty Co. v. Brophy

144 N.E.2d 635, 14 Ill. App. 2d 228, 1957 Ill. App. LEXIS 323

CourtAppellate Court of Illinois

DecidedJune 28, 1957

DocketGen. No. 47,169

StatusPublished

This text of 144 N.E.2d 635 (Spector Realty Co. v. Brophy) 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

Spector Realty Co. v. Brophy, 144 N.E.2d 635, 14 Ill. App. 2d 228, 1957 Ill. App. LEXIS 323 (Ill. Ct. App. 1957).

Pincite

Opinion

PRESIDING JUSTICE KILEY

delivered the opinion of the court.

Forcible detainer. Judgment for plaintiff in trial without jury. Questions raised on appeal by defendant : 1. Has plaintiff capacity to sue ? 2. Should judgment be reversed for court’s alleged erroneous rulings on evidence or because judgment is against manifest weight of evidence?

Question 1 — No merit. Point not made at trial and no reason for plaintiff to prove its corporate existence. (Commercial Trust Co. v. Mallers, 242 Ill. 50.) Point was raised by motion at trial in Vukovich v. Custer, 347 Ill. App. 547, reversed, 415 Ill. 290, cited by defendant, thus the case is inapplicable. Lewis v. West Side Trust & Savings Bank, 377 Ill. 384, is not in point.

Question 2 — Unresponsive statements of defendant were properly stricken on objection. Only defense at trial was lack of statutory five day notice. Court finding that notice was served is not against manifest weight. No issue of rent tendered and refused raised or decided at trial. Defendant-appellant limited here to theory at trial.

Affirmed.

FEINBERGr, J., concurs. LEWE, J., took no part.

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