Archdale v. Moore
Illinois Supreme Court
APPEAL EROM PEORIA. The Moores sued Archdale before a justice of the peace, from whose judgment Archdale appealed to the Circuit Court. Suit brought on account for $124.92, with credits of $40.81, indorsed, against which Archdale filed an off-set of $225, for damages growing out of the subject matter of the plaintiff’s account.
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APPEAL EROM PEORIA. The Moores sued Archdale before a justice of the peace, from whose judgment Archdale appealed to the Circuit Court. Suit brought on account for $124.92, with credits of $40.81, indorsed, against which Archdale filed an off-set of $225, for damages growing out of the subject matter of the plaintiff’s account. On trial in the Circuit Court, the Moores called David Nichols, who proved their account, and showed that $102.72 of the amount was for the cylinder of a threshing machine, furnished by them to Archdale. This witness further testified, that the plate of this cylinder…
1Opinion of the CourtWalker, J.
We are asked in this case to reverse the judgment of the court below, because the verdict is supposed to be against the weight of the evidence. There is in the case a conflict between the statements of witnesses in regard to some of the material facts, and it was for the jury, from all of the surrounding circumstances, to reconcile them if they could; and if that could not be done, then to give weight to such portions as they deemed worthy of credit, and reject such portion as was not. They have the best opportunity to determine this, as they see the manner of the witness, his intelligence,…
2Cited by8 opinions
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- Martin & Co. v. RoehmAppellate Court of Illinois · 1900
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