Irwin v. Northwestern National Life Insurance
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—beard in that court on appeal from the Circuit Court of Saline county; the Hon. A. K. Vickers, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the Fourth District reversing the judgment of the circuit court of Saline county without remanding" the cause.
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Appeal from the Appellate Court for the Fourth District;—beard in that court on appeal from the Circuit Court of Saline county; the Hon. A. K. Vickers, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the Fourth District reversing the judgment of the circuit court of Saline county without remanding" the cause. The action is assumpsit, brought by the minor children of Joseph A. Irwin, deceased, by their guardian, against the appellee,.to recover upon an insurance policy issued upon the life of their father. A jury was waived, the cause was tried by the court,…
1Opinion of the CourtJustice Hand
It has been repeatedly held by this court that where the Appellate Court reverses the judgment of the trial court for errors of law it should remand the case for a new trial, (Commercial Ins. Co. v. Scammon, 123 Ill. 601; Commercial Union Assurance Co. v. Scammon, 126 id. 355; Jones v. Fortune, 128 id. 518; Scovill v. Miller, 140 id. 504; Purcell Co. v. Sage, 189 id. 79; National Linseed Oil Co. v. Heath & Milligan Co. 191 id. 75;) but where it reverses the judgment because it finds the facts different from what they were found by the trial court it should make a finding of fact and recite…
2Cases cited2 opinions
- Tenney v. FooteIllinois Supreme Court · 1880
- Commercial Insurance v. ScammonIllinois Supreme Court · 1888
3Cited by5 opinions
- Tankersley v. Peabody Coal Co.Illinois Supreme Court · 1964
- Martin v. MartinIllinois Supreme Court · 1903
- City of Chicago v. RoemheldIllinois Supreme Court · 1907
- Hogan v. Chicago & Alton RailroadIllinois Supreme Court · 1904
- Irwin v. Northwestern National Life InsuranceIllinois Supreme Court · 1904