Johnson v. Goldberg

Appellate Court of Illinois

Johnson v. Goldberg

195 Ill. App. 25, 1915 Ill. App. LEXIS 206

Appellate Court of Illinois·Decided October 5, 1915·No. Gen. No. 20,915·Published

Opinion

Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Appeal and error, § 1402*—when verdict not sustained. A verdict so inconsistent with the theory of the suit and instructions, and so irreconcilable with the evidence that it cannot be deemed otherwise than a mere compromise cannot be sustained on appeal. 2. Municipal Court of Chicago, § 13*—when variance is material. A plaintiff cannot make one claim in his statement of claim and recover on an entirely different claim.

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

Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Appeal and error, § 1402*—when verdict not sustained. A verdict so inconsistent with the theory of the suit and instructions, and so irreconcilable with the evidence that it cannot be deemed otherwise than a mere compromise cannot be sustained on appeal. 2. Municipal Court of Chicago, § 13*—when variance is material. A plaintiff cannot make one claim in his statement of claim and recover on an entirely different claim.

Johnson v. Goldberg, 195 Ill. App. 25, 1915 Ill. App. LEXIS 206 (Ill. Ct. App. 1915).

Pincite

195 Ill. App. 25 (Johnson v. Goldberg) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.