Johnson v. Goldberg

Appellate Court of Illinois

Johnson v. Goldberg

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

CourtAppellate Court of Illinois

DecidedOctober 5, 1915

DocketGen. No. 20,915

StatusPublished

This text of 195 Ill. App. 25 (Johnson v. Goldberg) 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

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

Pincite

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.

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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.

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Bluebook (online)

195 Ill. App. 25, 1915 Ill. App. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-goldberg-illappct-1915.