Lanan v. Hibbard, Spencer, Bartlett & Co.

Appellate Court of Illinois

Lanan v. Hibbard, Spencer, Bartlett & Co.

63 Ill. App. 54, 1895 Ill. App. LEXIS 914

Appellate Court of Illinois·Decided March 3, 1896·Published·Cited by 2 cases

Opinion

Mr Justice Waterman

delivered the opinion of the Court.

We regret that we are unable to say that the evidence in this case was so clear that the court might properly have instructed the jury to find for the plaintiff the amount recovered by him, in which case appellant would have had no right to address the jury. As it was, the right of appellant's counsel to, for a reasonable time, argue his cause to the jury, was absolute. Carpenter v. First Nat’l Bank, 19 Ill. App. 549; Zweetush v. Lowry, 57 Ill. App. 106; Hettinger v. Beiler, 54 Ill. App. 320.

Because appellant’s counsel was not permitted to make any argument to the jury, the judgment of the County’ Court is reversed and the cause remanded.

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

Mr Justice Waterman

delivered the opinion of the Court.

We regret that we are unable to say that the evidence in this case was so clear that the court might properly have instructed the jury to find for the plaintiff the amount recovered by him, in which case appellant would have had no right to address the jury. As it was, the right of appellant's counsel to, for a reasonable time, argue his cause to the jury, was absolute. Carpenter v. First Nat’l Bank, 19 Ill. App. 549; Zweetush v. Lowry, 57 Ill. App. 106; Hettinger v. Beiler, 54 Ill. App. 320.

Because appellant’s counsel was not permitted to make any argument to the jury, the judgment of the County’ Court is reversed and the cause remanded.

Lanan v. Hibbard, Spencer, Bartlett & Co., 63 Ill. App. 54, 1895 Ill. App. LEXIS 914 (Ill. Ct. App. 1896).

Pincite

63 Ill. App. 54 (Lanan v. Hibbard, Spencer, Bartlett & Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related