Legal Opinion

Jemison v. Chicago Contract Construction Co.

Appellate Court of Illinois

Decided June 1, 1896PublishedCited by 2 opinions

Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Gary

delivered the opinion of the Court.

The brief of the appellant cites Lambert v. Borden, 10 Ill. App. 648, as authority that a verdict for one defendant is not good where there are two, but omits to notice that it is the recorded verdict—not the loose paper which the jury returned into court—that is the real verdict.

Here the recorded verdict is in favor of the defendants in 4he plural—a feature not shown by the abstract.

The principle that we will not go to the record formatter not shown by the abstract does not apply to omissions which favor the party making the…

2Cases cited3 opinions

  1. Lambert v. BordenAppellate Court of Illinois · 1882
  2. Davis v. JohnsonAppellate Court of Illinois · 1891
  3. Theodorson v. AhlgrenAppellate Court of Illinois · 1890

3Cited by2 opinions

  1. Auerbach v. ArguellesAppellate Court of Illinois · 1899
  2. Garrett v. John V. Farwell Co.Appellate Court of Illinois · 1902

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