Tapp, Leathers & Co. v. Greenwald

109 Ill. App. 504, 1903 Ill. App. LEXIS 354
CourtAppellate Court of Illinois
DecidedSeptember 10, 1903
StatusPublished

This text of 109 Ill. App. 504 (Tapp, Leathers & Co. v. Greenwald) 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
Tapp, Leathers & Co. v. Greenwald, 109 Ill. App. 504, 1903 Ill. App. LEXIS 354 (Ill. Ct. App. 1903).

Opinion

Mr. Justice Myers

delivered the opinion of the court.

In this case we are relieved from consideration of the errors assigned for the reason that what purports to be a bill of exceptions, not having been signed or sealed by the trial judge, is no part of the record. Hammond v. Doty, 81 Ill. App. 19, and Kruse v. People, Ib. 620.

In argument the appellant presents only one contention, that the verdict is not warranted by the evidence. All other matters of complaint within the assignment of errors not discussed in argument are held to be waived and abandoned. Dorn v. Ross, 177 Ill. 225; Grafton v. Mooney, 89 Ill. App. 622.

Only in cases where the verdict is so manifestly against the weight and preponderance of the evidence as to justify the inference that it is the result of passion, prejudice or mistake, will the trial court be warranted in setting it aside.

After due consideration of the argument and examination of the testimony as it appears in the abstract and purported bill of exceptions, we do not find sufficient grounds to reverse the case.

Judgment of the Circuit Court is affirmed.

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Related

Dorn v. Ross
52 N.E. 321 (Illinois Supreme Court, 1898)
Town of Grafton v. Mooney
89 Ill. App. 622 (Appellate Court of Illinois, 1900)

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Bluebook (online)
109 Ill. App. 504, 1903 Ill. App. LEXIS 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tapp-leathers-co-v-greenwald-illappct-1903.