Brown v. Lehigh & Franklin Coal Co.

Appellate Court of Illinois

Brown v. Lehigh & Franklin Coal Co.

40 Ill. App. 602, 1891 Ill. App. LEXIS 46

CourtAppellate Court of Illinois

DecidedJune 2, 1891

StatusPublished

Cited by1 cases

This text of 40 Ill. App. 602 (Brown v. Lehigh & Franklin Coal Co.) 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

Brown v. Lehigh & Franklin Coal Co., 40 Ill. App. 602, 1891 Ill. App. LEXIS 46 (Ill. Ct. App. 1891).

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Opinion

Moran, P. J.

This is an appeal from a judgment rendered against appellant for coal alleged to have been purchased by him from appellee.

The case was submitted to the court for trial without a jury and no proposition of law was submitted to the court to hold.

The question here presented is wholly one of fact, therefore, and relates to the sufficiency of the evidence to support the finding. There is evidence in the record which tends to support the finding, and whether that which appears is sufficient to warrant it or not, we must sustain it because the bill of exceptions does not purport to contain all the evidence that was before the trial court, and in such case it will be presumed on review that the evidence before the court was sufficient to warrant the finding. James v. Dexter, 113 Ill. 656.

The judgment must be affirmed.

Judgment affirmed.

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Moran, P. J.

This is an appeal from a judgment rendered against appellant for coal alleged to have been purchased by him from appellee.

The case was submitted to the court for trial without a jury and no proposition of law was submitted to the court to hold.

The question here presented is wholly one of fact, therefore, and relates to the sufficiency of the evidence to support the finding. There is evidence in the record which tends to support the finding, and whether that which appears is sufficient to warrant it or not, we must sustain it because the bill of exceptions does not purport to contain all the evidence that was before the trial court, and in such case it will be presumed on review that the evidence before the court was sufficient to warrant the finding. James v. Dexter, 113 Ill. 656.

The judgment must be affirmed.

Judgment affirmed.

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Bluebook (online)

40 Ill. App. 602, 1891 Ill. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-lehigh-franklin-coal-co-illappct-1891.

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