Legal Opinion

Teehan v. Union Bridge Co.

Appellate Court of Illinois

Decided July 20, 1899PublishedCited by 6 opinions

Action in Case, for personal injuries. Trial in the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Verdict for plaintiff. Judgment, non obstante veredicto, for defendant; appeal by plaintiff. Heard in this court at the March term, 1899;

1Opinion of the Court

Mr. Presiding Justice Sears

delivered the opinion of the court.

The motion by appellees, who were the defendants in the court below, for a judgment non obstante veredicto, was inapt. Such judgment can only be given for a plaintiff. The practice is to be availed of only when the plaintiff has established his case and the defendant has failed to plead any sufficient defense. 2 Tidd’s Practice, 920; 1 Chitty, 688; Stephen’s Pl. 98; 1 Black on Judg., Sec. 16; Freeman on Judg., Sec. 7; Hitchcock v. Haight, 2 Gil. 604; German Ins. Co. v. Frederick, 58 Fed. Rep. 144.

The only decision contra, which is…

2Cases cited3 opinions

  1. Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
  2. Ebsery v. Chicago City Railway Co.Illinois Supreme Court · 1897
  3. Quick v. Indianapolis & St. Louis Railway Co.Illinois Supreme Court · 1889

3Cited by6 opinions

  1. Farmer v. Alton Building & Loan Ass'nAppellate Court of Illinois · 1938
  2. Chicago City Railway Co. v. WhiteAppellate Court of Illinois · 1903
  3. Modern Woodmen of America v. BlairAppellate Court of Illinois · 1931
  4. Tribune Co. v. Dunlap Manufacturing Co.Appellate Court of Illinois · 1916
  5. Royal Manufacturing Co. v. Garfield Sanitary Felt Co.Appellate Court of Illinois · 1925

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