Weyhrich v. Foster

48 Ill. 115
CourtIllinois Supreme Court
DecidedSeptember 15, 1868
StatusPublished
Cited by2 cases

This text of 48 Ill. 115 (Weyhrich v. Foster) 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
Weyhrich v. Foster, 48 Ill. 115 (Ill. 1868).

Opinion

Mr. Justice Lawrence

delivered the opinion of the Court:

It is urged in behalf of appellant, that the circuit court erred in refusing instructions prayed by him. It appears, however, that the court gave a part of the instructions asked by him, and those thus given are not contained in the record. JS/on constat but that they comprised the substance of those refused. It is not uncommon for counsel to express the same idea in different instructions, and when one instruction is, in substance, the duplicate of another already given, it may well be refused.

It is also urged, that the verdict was against the evidence, hut the money was clearly paid by Foster, on the order of Weyhrich, and the jury were justified in inferring, from the evidence, that it was Foster’s money.

Judgment affirmed.

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Related

McCarty v. Chicago, Burlington & Quincy Railroad
34 Ill. App. 273 (Appellate Court of Illinois, 1889)
Ives v. Vanscoyoc
81 Ill. 120 (Illinois Supreme Court, 1876)

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Bluebook (online)
48 Ill. 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weyhrich-v-foster-ill-1868.