Legal Opinion

Ballance v. Leonard

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 7 opinions

Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was an action of forcible entry, brought by Charles Ballance against George Leonard, before a Justice of the Peace of Peoria county, where a trial was had and a verdict and judgment for the plaintiff. On appeal to the Circuit Court of that county, there was a . verdict and judgment for the defendant.

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Error to the Circuit Court of Peoria county; the Hon. M. Williamson, Judge, presiding. This was an action of forcible entry, brought by Charles Ballance against George Leonard, before a Justice of the Peace of Peoria county, where a trial was had and a verdict and judgment for the plaintiff. On appeal to the Circuit Court of that county, there was a . verdict and judgment for the defendant. The plaintiff brings the case to this court by writ of error, and several errors are assigned, among which are that of admitting a deed from one Marshall to Barton as evidence on the part of the defendant.…

1Opinion of the CourtJustice Breese

It has been again and again ruled by this court, that when a bill of exceptions does not purport to contain all the evidence, ■ the verdict of the jury will not be questioned. We cannot enquire in such case, if the verdict is supported by the evidence, but must presume that it is. Warner v. Carlton, 22 Ill., 422; Stickney et al. v. Cassell 1 Gilman, 420; Harris et al. v. Winer, 28 Ill., 138.

So with respect to Marshall’s deed, we cannot say, all the evidence not being before us, whether it was properly admitted or not.

Hor can we pass upon the instructions, as they are not incorporated into the…

2Cited by7 opinions

  1. The People v. NelsonIllinois Supreme Court · 1926
  2. Siegle v. MitchellAppellate Court of Illinois · 1928
  3. Sutton v. Board of EducationAppellate Court of Illinois · 1930
  4. Watson v. HahnSupreme Court of Colorado · 1872
  5. Gilbert v. KuppenheimerAppellate Court of Illinois · 1896

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