Miller v. Jenkins
Illinois Supreme Court
Appeal from the Circuit Court of Bond county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, brought by John S. Jenkins, against James M. Miller. The declaration contained the common counts for work and labor. Defendant filed the general issue with a notice of set-off. At the return term a trial was had before the court and a jury.
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Appeal from the Circuit Court of Bond county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, brought by John S. Jenkins, against James M. Miller. The declaration contained the common counts for work and labor. Defendant filed the general issue with a notice of set-off. At the return term a trial was had before the court and a jury. After hearing the evidence and instructions of the court, the jury found a verdict for the plaintiff for $182.25, and thereupon the defendant entered a motion for a new trial. The grounds for a new trial were, that the court refused…
1Opinion of the CourtJustice Walker
This was an action of assumpsit, brought by appellee in the County Court of Bond county, against appellant. The venue-of the cause was afterward changed to the Bond Circuit Court. ■A trial" was had resulting in a verdict in favor of. appellee. A motion for a new trial was entered, which was overruled by the court, and a judgment was rendered on the verdict; the case is now brought to this court by appeal, and various errors are assigned, all of which arise on the overruling of the motion for a new trial.
Appellee insists, that the questions sought to be raised do not arise on the record,…
2Cited by18 opinions
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- Chicago & W. I. R. R. v. DeMarkoAppellate Court of Illinois · 1894
- Elder v. BennettAppellate Court of Illinois · 1898
- Chicago & North Western Railway Co. v. BenhamAppellate Court of Illinois · 1888
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