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FORSYTH V. DOOLITTLE, 120 U. S. 73 (1887)

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U.S. Supreme Court

Forsyth v. Doolittle, 120 U.S. 73 (1887)

Forsyth v. Doolittle

Argued December 21-22, 1886

Decided January 17, 1887

120 U.S. 73


In Illinois, when a declaration in an action at law alleges a joint liability of two defendants, a plea in bar which does not traverse this allegation admits it, and makes the declarations of one defendant not served with process evidence against the other who has appeared and answered.

In an action by an attorney to recover for services rendered in defending a suit for the foreclosure of a mortgage upon a tract of land near a large town, and in preventing the foreclosure, and in bringing about a favorable sale of the property, evidence as to the character of the land and its possible value as a future suburb of the town is admissible.

As the length of hypothetical statements presented to a witness to ascertain his opinion upon any matter growing out of the facts supposed necessarily depends upon the simple or complicated character of the transactions recited, and upon the number of particulars which must be considered for the formation of the opinion desired, it mast in a great degree left to the discretion of the court, and in this case that discretion was properly exercised.

The case is stated in the opinion of the court.

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