Legal Opinion

Perkins v. Knisely

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 9 opinions

Writ op Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. This was originally an action of replevin brought on September 21, A. D. 1899, in the superior court of Cook county by the pl-ai.ntifl: in error, Alonson D. Perkins, as plaintiff, against the defendant in error, John A. Knisely, as defendant.

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Writ op Error to the Branch Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. This was originally an action of replevin brought on September 21, A. D. 1899, in the superior court of Cook county by the pl-ai.ntifl: in error, Alonson D. Perkins, as plaintiff, against the defendant in error, John A. Knisely, as defendant. Only a small portion of the property covered by the writ was found by the sheriff; and, thereupon, plaintiff in error filed a declaration in trover. The declaration in…

1Opinion of the CourtJustice Magruder

Upon the trial of this case no instructions were asked by, or given for, the plaintiff in error. The court gave five instructions at the request of the defendant in error. Among the instructions, so given for the defendant in error, was instruction numbered 4 as follows, to-wit:

“The court instructs the jury that, if they believe from the evidence in this case that any witness or witnesses has or have testified falsely as to any material matter in issue upon the trial of this case, then the court instructs you, as a matter of law, that you have the right to disregard the whole of the testimony…

2Cases cited5 opinions

  1. Pollard v. PeopleIllinois Supreme Court · 1873
  2. Swan v. PeopleIllinois Supreme Court · 1881
  3. Chittenden v. EvansIllinois Supreme Court · 1866
  4. Pope v. DodsonIllinois Supreme Court · 1871
  5. United States Express Co. v. HutchinsIllinois Supreme Court · 1871

3Cited by9 opinions

  1. Devaney v. Otis Elevator Co.Illinois Supreme Court · 1911
  2. Illinois Central Railroad v. KiefAppellate Court of Illinois · 1903
  3. Chicago City Railway Co. v. EnrothAppellate Court of Illinois · 1904
  4. Jackson v. CrawAppellate Court of Illinois · 1909
  5. Stephens v. NeilsonAppellate Court of Illinois · 1908

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