Staunton Coal Co. v. Menk
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macoupin county; the Hon. Owen P. Thompson, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macoupin county; the Hon. Owen P. Thompson, Judge, presiding. This is an action on the case, begun on September 7, 1900, by the appellee, as administratrix of the estate of Otto Menk, deceased, who was her husband, ag'ainst the appellant, the Staunton Coal Company, to recover damages for the death of her husband, while engaged, as an employe of the appellant, in a coal mine, belonging to, or operated by, the appellant. A plea of not guilty was filed, upon which issue was joined. The…
1Opinion of the CourtChief Justice Magruder
The alleged ground, upon which it was sought by the appellant in the court below to set aside the verdict and grant a new trial, was that the circuit court tried the case out of its order on the docket at the request of appellee’s attorneys, and without notice to the appellant, and without any good cause for so trying the case out of its order.
First—If it be assumed that it was proper, upon this motion to set aside the verdict and for a new trial, to introduce affidavits for the purpose of showing a trial out of its order upon the docket, it must be said that, here, the affidavits filed do…
2Cases cited9 opinions
- Mendell v. KimballIllinois Supreme Court · 1877
- Crossman v. WohllebenIllinois Supreme Court · 1878
- Murrill v. . SandlinSupreme Court of North Carolina · 1882
- Hinckley v. DeanIllinois Supreme Court · 1882
- Clark v. MarfieldIllinois Supreme Court · 1875
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- Eggleston v. Royal Trust Co.Illinois Supreme Court · 1903
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