Smith v. Mayfield
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Benjamin E. Burroughs, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Madison county; the Hon. Benjamin E. Burroughs, Judge, presiding. This is assumpsit, brought in the Madison circuit court by Manning Mayfield, appellee, against William Eliot Smith, appellant, to recover commissions for negotiating the sale of certain street car lines, The declaration, after stating that the defendant represented to the plaintiff that he was the owner of a certain horse car line extending from the city hall in the city of Alton to the town of Upper Alton, and also…
1Opinion of the CourtJustice Baker
Prom the judgment of affirmance in the Appellate Court the law conclusively presumes that in the trial court all questions of fact were properly disposed- of and all material allegations of the declaration established by the weight of evidence, and in the absence of rulings of the trial court upon propositions of law submitted to it, the presumption also is that the law was properly applied to the facts of the case. It is, however, by the appellant here, defendant below, assigned as error that the trial court allowed the plaintiff below to withdraw his propositions of law and did not pass on…
2Cases cited4 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Brant v. GallupIllinois Supreme Court · 1885
- Osborn v. People ex rel. LewisIllinois Supreme Court · 1882
- Chicago, Burlington & Quincy R. R. v. BartlettAppellate Court of Illinois · 1886
3Cited by4 opinions
- Cleveland Seed Co. v. MooreAppellate Court of Illinois · 1908
- Harrison v. ThackaberryAppellate Court of Illinois · 1910
- Chicago Open Board of Trade v. Imperial Building Co.Appellate Court of Illinois · 1907
- Binnie v. Western Live Stock InsuranceAppellate Court of Illinois · 1918