Conrad v. Kloepfer

Appellate Court of Illinois

Conrad v. Kloepfer

33 Ill. App. 228, 1889 Ill. App. LEXIS 354

DecidedMay 29, 1889

StatusPublished

This text of 33 Ill. App. 228 (Conrad v. Kloepfer) 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

Conrad v. Kloepfer, 33 Ill. App. 228, 1889 Ill. App. LEXIS 354 (Ill. Ct. App. 1889).

Pincite

Opinion

Garnett, P. J.

On simple issues of fact, the trial judge, to whom these cases were submitted without a jury, found adversely to appellants, who were plaintiffs below.

By a uniform rule, the finding of the court, upon evidence heard orally, as in this case, should have as much force as the verdict of a jury. Wood v. Price, 45 Ill. 435; Baker v. Rockabrand, 118 Ills. 370; Nimmo v. Kuykendall, 85 Ill. 476.

On the issue of fact, nothing more favorable to appellants can be said, than that the evidence is conflicting, which does not warrant this court in awarding a new trial.

It is clear that the evidence admitted over plaintiffs’ objection had no influence in producing the findings of the court, and the rulings can not, therefore, be assigned as error. Thompson v. McLaughlin, 66 Ill. 407. The judgment in each case is affirmed. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI