Woolf v. Hamburger

Appellate Court of Illinois

Woolf v. Hamburger

201 Ill. App. 612, 1916 Ill. App. LEXIS 803

CourtAppellate Court of Illinois

DecidedOctober 30, 1916

DocketGen. No. 22,354

StatusPublished

Cited by2 cases

This text of 201 Ill. App. 612 (Woolf v. Hamburger) 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

Woolf v. Hamburger, 201 Ill. App. 612, 1916 Ill. App. LEXIS 803 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Justice Holdom

delivered the opinion of the court.

6. Damages, § 243*—how determined. Damages must be assessed from the evidence in the record, and not dehors the record. 7. Appeal and error, § 576*—when cross errors assigned cannot be heard. On appeal from a judgment for plaintiffs in an action tried without a jury, cross errors assigned by plaintiffs as to the measure of damages cannot be heard where no objection or exception to the action of the court complained of was made or preserved at the trial. 8. Appeal and error, § 1810*—when failure to except to judgment does not prevent entry of proper judgment. Where in an action tried without a jury the court adopts a wrong measure of damages and consequently enters a judgment for plaintiffs in an amount less than the amount of such judgment if a proper measure of damages had been adopted, the Appellate Court is not prevented from entering the proper judgment by the fact that plaintiffs’ cross errors cannot be heard, owing to the want of objection or exception in the trial court.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Holdom

delivered the opinion of the court.

6. Damages, § 243*—how determined. Damages must be assessed from the evidence in the record, and not dehors the record. 7. Appeal and error, § 576*—when cross errors assigned cannot be heard. On appeal from a judgment for plaintiffs in an action tried without a jury, cross errors assigned by plaintiffs as to the measure of damages cannot be heard where no objection or exception to the action of the court complained of was made or preserved at the trial. 8. Appeal and error, § 1810*—when failure to except to judgment does not prevent entry of proper judgment. Where in an action tried without a jury the court adopts a wrong measure of damages and consequently enters a judgment for plaintiffs in an amount less than the amount of such judgment if a proper measure of damages had been adopted, the Appellate Court is not prevented from entering the proper judgment by the fact that plaintiffs’ cross errors cannot be heard, owing to the want of objection or exception in the trial court.

Cite This Page — Counsel Stack

Bluebook (online)

201 Ill. App. 612, 1916 Ill. App. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woolf-v-hamburger-illappct-1916.

Opinion

Related

Cite This Page — Counsel Stack