Ohio & Mississippi Railroad v. Saxton

Illinois Supreme Court

Ohio & Mississippi Railroad v. Saxton

27 Ill. 426

DecidedJanuary 15, 1862

StatusPublished

This text of 27 Ill. 426 (Ohio & Mississippi Railroad v. Saxton) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio & Mississippi Railroad v. Saxton, 27 Ill. 426 (Ill. 1862).

Pincite

Opinion

Walker, J.

After a careful examination of the entire record in this case, we are unable to find any evidence which tends to prove, that appellee was the owner or had possession of the property for which suit was brought. If it was made, it was oinitted in the bill of exceptions. In the absence of such proof, the verdict of the jury is manifestly against the evidence. The court below should, therefore, have granted a new trial, and for that error the judgment is reversed, and the cause remanded.

Judgment reversed.

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Walker, J.

After a careful examination of the entire record in this case, we are unable to find any evidence which tends to prove, that appellee was the owner or had possession of the property for which suit was brought. If it was made, it was oinitted in the bill of exceptions. In the absence of such proof, the verdict of the jury is manifestly against the evidence. The court below should, therefore, have granted a new trial, and for that error the judgment is reversed, and the cause remanded.

Judgment reversed.

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Bluebook (online)

27 Ill. 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-mississippi-railroad-v-saxton-ill-1862.