Schwarze v. Sierks

Appellate Court of Illinois

Schwarze v. Sierks

57 Ill. App. 215, 1894 Ill. App. LEXIS 260

DecidedJanuary 10, 1895

StatusPublished

This text of 57 Ill. App. 215 (Schwarze v. Sierks) 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.

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Schwarze v. Sierks, 57 Ill. App. 215, 1894 Ill. App. LEXIS 260 (Ill. Ct. App. 1895).

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Opinion

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

We see no sufficient reason for interfering with the verdict y>f the jury upon the question of fact. The burden of proof under the contention of appellant was upon him, and we fail to find .any preponderance of the evidence in his favor. While we do not approve of the argument made by counsel for appellee in his address to the jury nor of the comments of the court thereon, yet we can not therefor reverse the judgment rendered, it being under the evidence no more than what the plaintiff was fairly entitled to, and it is therefore affirmed.

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Mr. Presiding Justice Waterman

delivered the opinion of the Court.

We see no sufficient reason for interfering with the verdict y>f the jury upon the question of fact. The burden of proof under the contention of appellant was upon him, and we fail to find .any preponderance of the evidence in his favor. While we do not approve of the argument made by counsel for appellee in his address to the jury nor of the comments of the court thereon, yet we can not therefor reverse the judgment rendered, it being under the evidence no more than what the plaintiff was fairly entitled to, and it is therefore affirmed.

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57 Ill. App. 215, 1894 Ill. App. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwarze-v-sierks-illappct-1895.