Mauzy v. Kinzel

It is urged as one ground of error, that the court below allowed the plaintiff to introduce further testimony after his counsel had announced that plaintiff’s case was in, and after defendant had moved the court to exclude the evidence as being insufficient to sustain a verdict.

It is a matter of discretion with the trial court whether a party will be permitted to give further evidence after his case has been closed, and the exercise of such discretion is not, ordinarily, subject to review: Wellborn v. Odell, 29 Ill. 456; Chillicothe Ferry R. & B. Co. v. Jameson, 48 Ill. 281.

As to the merits…