Weyhrich v. Foster
Illinois Supreme Court
Appeal from the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was an action of assumpsit, brought in the court below by the appellee, George B. Foster, against the appellant, Peter Weyhrich, to recover certain moneys alleged to have been paid out and expended for the use, and at the request of, the appellant.
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Appeal from the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was an action of assumpsit, brought in the court below by the appellee, George B. Foster, against the appellant, Peter Weyhrich, to recover certain moneys alleged to have been paid out and expended for the use, and at the request of, the appellant. A trial had at the June term, 1868, resulted in a verdict for the plaintiff for $1,475.00. A motion for a new trial was made and overruled, and judgment rendered on the verdict, whereupon the defendant appealed to this court.
1Opinion of the CourtJustice Lawrence
It is urged in behalf of appellant, that the circuit court erred in refusing instructions prayed by him. It appears, however, that the court gave a part of the instructions asked by him, and those thus given are not contained in the record. JS/on constat but that they comprised the substance of those refused. It is not uncommon for counsel to express the same idea in different instructions, and when one instruction is, in substance, the duplicate of another already given, it may well be refused.
It is also urged, that the verdict was against the evidence, hut the money was clearly paid by…
2Cited by2 opinions
- Ives v. VanscoyocIllinois Supreme Court · 1876
- McCarty v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1889