McDonald v. Watson

Appellate Court of Illinois

McDonald v. Watson

51 Ill. App. 203, 1893 Ill. App. LEXIS 542

DecidedJanuary 11, 1894

StatusPublished

This text of 51 Ill. App. 203 (McDonald v. Watson) 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

McDonald v. Watson, 51 Ill. App. 203, 1893 Ill. App. LEXIS 542 (Ill. Ct. App. 1894).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

This was an action of assumpsit, the evidence in which unmistakably showed that the defendants thereto were in debted to appellees in the sum of $373.95, whereupon, the defendants offering no evidence, the court instructed the jury to return a verdict for $373.95.

It may be, as is urged by appellant, that immaterial and irrelevant testimony was admitted; but to the relevant and pertinent evidence establishing the plaintiff’s claim, there was no reply, and the jury could not, with due regard to their oath, have rendered any other evidence.

The verdict and judgment are merely the conclusion of the law from the proven facts. The judgment is therefore affirmed.

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Mr. Justice Waterman

delivered the opinion of the Court.

This was an action of assumpsit, the evidence in which unmistakably showed that the defendants thereto were in debted to appellees in the sum of $373.95, whereupon, the defendants offering no evidence, the court instructed the jury to return a verdict for $373.95.

It may be, as is urged by appellant, that immaterial and irrelevant testimony was admitted; but to the relevant and pertinent evidence establishing the plaintiff’s claim, there was no reply, and the jury could not, with due regard to their oath, have rendered any other evidence.

The verdict and judgment are merely the conclusion of the law from the proven facts. The judgment is therefore affirmed.

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Bluebook (online)

51 Ill. App. 203, 1893 Ill. App. LEXIS 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-watson-illappct-1894.