World Publishing Co. v. Fisher

Appellate Court of Illinois

World Publishing Co. v. Fisher

197 Ill. App. 641

CourtAppellate Court of Illinois

DecidedFebruary 1, 1916

DocketGen. No. 21,154

StatusPublished

This text of 197 Ill. App. 641 (World Publishing Co. v. Fisher) 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

World Publishing Co. v. Fisher, 197 Ill. App. 641 (Ill. Ct. App. 1916).

Pincite

Opinion

Mr. Justice Barnes

delivered the opinion of the court.

3. Appeal and error, § 594*—when motion for new trial preserves no question for review. In an action tried without a jury, a motion for a new trial preserves no question for review. 4. Assumpsit, action of, § 41*—when money voluntarily paid not recoverable. Money voluntarily paid with full knowledge of all the facts and without fraud, duress or extortion cannot be recovered back although paid under a mistake of law. 5. Pleading, § 117*—when offering evidence of set-off constitutes admission of terms of contract. In an action to recover on a written contract, where defendant pleads set-off, the act of defendant in offering evidence tending to prove his set-off involves a recognition of the terms of the contract. 6. Appeal and error, § 578*—when lack of exception to judgment does not prevent consideration of sufficiency of evidence. The absence of an exception to a judgment, in a trial without a jury, does not preclude consideration of the sufficiency of the evidence to sustain it.

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Mr. Justice Barnes

delivered the opinion of the court.

3. Appeal and error, § 594*—when motion for new trial preserves no question for review. In an action tried without a jury, a motion for a new trial preserves no question for review. 4. Assumpsit, action of, § 41*—when money voluntarily paid not recoverable. Money voluntarily paid with full knowledge of all the facts and without fraud, duress or extortion cannot be recovered back although paid under a mistake of law. 5. Pleading, § 117*—when offering evidence of set-off constitutes admission of terms of contract. In an action to recover on a written contract, where defendant pleads set-off, the act of defendant in offering evidence tending to prove his set-off involves a recognition of the terms of the contract. 6. Appeal and error, § 578*—when lack of exception to judgment does not prevent consideration of sufficiency of evidence. The absence of an exception to a judgment, in a trial without a jury, does not preclude consideration of the sufficiency of the evidence to sustain it.

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Bluebook (online)

197 Ill. App. 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-publishing-co-v-fisher-illappct-1916.