McKinney v. Nathan

12 Citing cases

  1. In re Moore

    292 Ill. App. 3d 1069 (Ill. App. Ct. 1997)   Cited 6 times

    Although that finding by the circuit court was not based upon the pleadings, the absence of such pleadings may be waived by an opposing party's conduct at trial. Pioneer Trust and Savings Bank v. County of Cook, 71 Ill.2d 510, 518, 365 N.E.2d 913 (1978); Hemingway v. Skinner Engineering Co., 117 Ill. App.2d 452, 463, 254 N.E.2d 133 (1969); Hedrich v. Village of Niles, 112 Ill. App.2d 68, 75, 250 N.E.2d 791 (1969); McKinney v. Nathan, 1 Ill. App.2d 536, 543, 117 N.E.2d 886 (1954); Continental Concrete Pipe Corp. v. Century Road Builders, Inc., 195 Ill. App 3d 1, 14, 552 N.E.2d 1032 (1990). I believe that respondent waived the failure to specifically plead that she was mentally ill and unable to provide for her basic physical needs so as to guard herself from serious harm by her conduct at the commitment hearing.

  2. Peo. ex Rel. Fahner v. Carriage Way West, Inc.

    88 Ill. 2d 300 (Ill. 1981)   Cited 117 times
    Holding that a plaintiff is required to allege only the ultimate facts to be proved and not the evidentiary facts tending to prove such ultimate facts

    The object of pleadings is to produce an issue asserted by one side and denied by the other so that a trial may determine the actual truth. ( Fleshner v. Copeland (1958), 13 Ill.2d 72, 77; Warnes v. Champaign County Seed Co. (1955), 5 Ill. App.2d 151, 156; McKinney v. Nathan (1954), 1 Ill. App.2d 536, 545.) Perhaps the best measure of a complaint's sufficiency, then, is whether the defendant is able to answer the essential allegations.

  3. Mandelstein v. Estate of Mandelstein (In re Estate of Mandelstein)

    2018 Ill. App. 2d 171009 (Ill. App. Ct. 2018)   Cited 1 times

    It does not state a cause of action to recover for the value of Leslie's sole proprietorship. Accordingly, plaintiff's claim to the contrary lacks merit. ¶ 45 Citing to McKinney v. Nathan, 1 Ill. App. 2d 536, 543 (1954), plaintiff alternatively asserts that even if she failed to properly plead a cause of action to recover for the value of Leslie's sole proprietorship, this issue was sufficiently presented to and argued before the trial court so as to allow the court to rule on the matter. The trial court addressed plaintiff's position. Notably, as set forth above, the court acknowledged that plaintiff presented evidence at trial of the alleged value of Leslie's sole proprietorship.

  4. Public Elec. Constr. v. Hi-Way Elec. Co.

    378 N.E.2d 1147 (Ill. App. Ct. 1978)   Cited 6 times

    An objection that a certain matter is not denied or properly denied may be waived by a party where he tries the case as if the matter were not in issue. ( McKinney v. Nathan (1st Dist. 1954), 1 Ill. App.2d 536, 543, 117 N.E.2d 886.) Any issue in this regard which Public has attempted to raise is now wavied.

  5. Beck v. Capitol Life Insurance

    363 N.E.2d 170 (Ill. App. Ct. 1977)   Cited 14 times
    Holding that allowing an insurer to rescind based on its own agent's "unskillfulness" would be unjust and against public policy

    Additionally, where a party introduces or brings out evidence bearing on issues not presented by the pleadings, or fails to object to evidence offered by the adverse party, an objection that a certain matter is not in issue under the pleadings is waived. McKinney v. Nathan, 1 Ill. App.2d 536, 117 N.E.2d 886; Head v. Wood, 20 Ill. App.2d 97, 155 N.E.2d 348. In her cross appeal plaintiff questions the action of the trial court in granting defendant's motion for directed verdict as to Count II of her complaint.

  6. Tonchen v. All-Steel Equipment, Inc.

    13 Ill. App. 3d 454 (Ill. App. Ct. 1973)   Cited 34 times

    Hedrich v. Village of Niles, 112 Ill. App.2d 250 N.E.2d 791 (1969). In McKinney v. Nathan, 1 Ill. App.2d 536, 117 N.E.2d 886 (1954), at page 543, the court stated: `The parties may, by the introduction of evidence or their conduct in the trial, waive formal pleadings or form their own issues on the evidence introduced, and they may voluntarily present under the evidence issues not presented by the pleadings.

  7. Collins v. Westlake Community Hospital

    12 Ill. App. 3d 847 (Ill. App. Ct. 1973)   Cited 6 times

    ( Woman's Athletic Club v. Hulman, 31 Ill.2d 449, 454.) However, in the case of McKinney v. Nathan, 1 Ill. App.2d 536, 543, the court said: "The parties may, by the introduction of evidence or their conduct in the trial, waive formal pleadings or form their own issues on the evidence introduced, and they may voluntarily present under the evidence issues not presented by the pleadings.

  8. Lewis v. Lewis

    120 Ill. App. 2d 263 (Ill. App. Ct. 1970)   Cited 24 times
    In Lewis v. Lewis, 120 Ill. App.2d 263, 256 N.E.2d 660, the trial court reduced the amount of child support from the sum previously ordered.

    She cannot now raise the objection in this court. Slezak v. Fleming, 392 Ill. 387, 64 N.E.2d 734; McKinney v. Nathan, 1 Ill. App.2d 536, 117 N.E.2d 886. [10, 11] As above discussed, we do not agree with the finding of the trial court that the parties hereto had agreed to the reduction of child support payments from $30 per week to $20 per week.

  9. Hemingway v. Skinner Engineering Co.

    254 N.E.2d 133 (Ill. App. Ct. 1969)   Cited 16 times

    Hedrich v. Village of Niles, 112 Ill. App.2d 68, 250 N.E.2d 791 (1969). In McKinney v. Nathan, 1 Ill. App.2d 536, 117 N.E.2d 886 (1954), at page 543, the court stated: "The parties may, by the introduction of evidence or their conduct in the trial, waive formal pleadings or form their own issues on the evidence introduced, and they may voluntarily present under the evidence issues not presented by the pleadings.

  10. Hedrich v. Village of Niles

    112 Ill. App. 2d 68 (Ill. App. Ct. 1969)   Cited 19 times
    In Hedrich, conditional rezoning was not a proper issue on review, because it had not been considered by the trial court.

    However, parties may form their own issues during a trial, and an objection that an issue has not been raised in the pleadings may be deemed waived if the party objecting has himself introduced evidence on the subject. Head v. Wood, 20 Ill. App.2d 97, 155 N.E.2d 348 (1959); McKinney v. Nathan, 1 Ill. App.2d 536, 117 N.E.2d 886 (1954). In McKinney the court said: