Hirth v. Lynch
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. Lynch prosecuted before the county court a claim against the estate of one Fitzpatrick, deceased, of which Hirth was administrator. The claim was allowed by the county court, and Hirth, as administrator, appealed to the circuit court.
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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. Lynch prosecuted before the county court a claim against the estate of one Fitzpatrick, deceased, of which Hirth was administrator. The claim was allowed by the county court, and Hirth, as administrator, appealed to the circuit court. The case was there tried before a jury and a verdict returned in the following words, as shown by the bill of exceptions: B. M. Lynch v. Estate op James Fitzpatrick. Belleville, III., July 3, 1876. We, the jury in the above case, find for plaintiff. W. E. Owens,…
1Opinion of the CourtChief Justice Dickey
The judgment is not warranted by the verdict." The damages must be assessed, or the amount of the debt found, by the jury. The verdict was altogether too imperfect to form a foundation for a judgment for the amount named in the judgment in this record.
It is true, the clerk, in making up the record of the proceedings, makes the same say the verdict was, “We, the jury, find for the plaintiff and assess his damages at $584.88.” The record, however, contains a bill of exceptions, signed and sealed by .the circuit judge, in which the language of the verdict is given verbatim,, and it, as there…
2Cited by9 opinions
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- Yott v. YottIllinois Supreme Court · 1913
- Bank of Montreal v. ClarkAppellate Court of Illinois · 1903
- Catholic Order of Foresters v. FitzIllinois Supreme Court · 1899
- Paepcke-Leicht Lumber Co. v. BeckerAppellate Court of Illinois · 1906
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