Village of Marseilles v. Howland

Appellate Court of Illinois

Village of Marseilles v. Howland

34 Ill. App. 349, 1889 Ill. App. LEXIS 252

DecidedFebruary 8, 1890

StatusPublished

This text of 34 Ill. App. 349 (Village of Marseilles v. Howland) 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

Village of Marseilles v. Howland, 34 Ill. App. 349, 1889 Ill. App. LEXIS 252 (Ill. Ct. App. 1890).

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Opinion

'Per Curiam,.

This was a proceeding in mandamus by appellee against appellant, to compel it to pay over to him money out of its treasury to satisfy a certain judgment he holds against it. The court below ordered a writ of peremptory mandamus to issue, compelling the appellant to pay over $1,500 on the judgment out of its revenues.

The points relied on here for reversal are such as pertain to the weight of the evidence given in the court below, and questions arising out of such evidence. The bill of exceptions having heretofore been stricken from the record by order of this court, we are now unable to ascertain what the evidence in the court below was, and we must presume that the court decided correctly. Magill v. Brown, 98 Ill. 352. The judgment of the court below is therefore affirmed.

Judgment affirmed.

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'Per Curiam,.

This was a proceeding in mandamus by appellee against appellant, to compel it to pay over to him money out of its treasury to satisfy a certain judgment he holds against it. The court below ordered a writ of peremptory mandamus to issue, compelling the appellant to pay over $1,500 on the judgment out of its revenues.

The points relied on here for reversal are such as pertain to the weight of the evidence given in the court below, and questions arising out of such evidence. The bill of exceptions having heretofore been stricken from the record by order of this court, we are now unable to ascertain what the evidence in the court below was, and we must presume that the court decided correctly. Magill v. Brown, 98 Ill. 352. The judgment of the court below is therefore affirmed.

Judgment affirmed.

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34 Ill. App. 349, 1889 Ill. App. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-marseilles-v-howland-illappct-1890.