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DE VITO v. VILLAGE OF ELBURN

Gen. No. 11,570.

37 Ill. App.2d 59 (1962)

184 N.E.2d 890

Vincent DeVito, Plaintiff-Appellant, v. The Village of Elburn, a Municipal Corporation, R.M. Baxter, L.E. Woodman, Otto L. Larsen, Harry L. Johnson, Harvey E. Hoyt, George Dobson, George Pobstman, Donald L. Peterson, Stanley Henderson and Michael Tierney, Defendants-Appellees.

Appellate Court of Illinois — Second District, First Division.

September 11, 1962.

Attorney(s) appearing for the Case

George Brode, of Chicago, for appellant.

Joseph Radovich, Cooper & Donat and James C. Hallahan, of Geneva, for appellees.

SMITH, J.

[1] What happens when there are inconsistencies between a complaint and the exhibit attached to it? Do we seesaw back and forth in an attempt at synthesis or can we pick one over the other? The answer is that we pick the exhibit. If the facts alleged in a complaint differ from the facts stated in an exhibit, the latter will control and the exhibit will be taken as the factual basis upon which the...

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