Evans v. Howell
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, 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 McLean county; the Hon. Colostin D. Myers, Judge, presiding. This is an action in assumpsit, brought on May 11, 1901, in the circuit court of McLean county by appellee, V. E. Howell, against the appellants, J. P. Evans, Cora E. Evans, Rowland W. Evans, Fred R. Evans, William V. Evans, and Susan M. Evans, heirs of one J. W. Evans, deceased, upon a party-wall agreement under seal to recover latter’s proportion of the cost of the party walls, as fixed in the agreement. The declaration…
1Opinion of the CourtJustice Magruder
Appellants make thirty-four assignments of error; and insist that none of the averments of the declaration, as set out in the statement preceding this opinion, were sustained by the evidence. After a careful examination of the evidence, we are satisfied that it tends to establish such averments, and, this being so, the judgments of the lower courts upon the questions of fact, embodied in such averments, are conclusive upon this court.
It is impossible for us'to consider separately each one of the assignments of error made by the appellants, but we will notice some of the main contentions of…
2Cases cited6 opinions
- Keeler v. HerrIllinois Supreme Court · 1895
- Shepard v. MillsIllinois Supreme Court · 1898
- German Fire Insurance v. GrunertIllinois Supreme Court · 1884
- Hartford Deposit Co. v. CalkinsIllinois Supreme Court · 1900
- Chicago & Eastern Illinois Railroad v. MoranIllinois Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Edward Edinger Co. v. WillisAppellate Court of Illinois · 1931
- Hubshman v. Louis Keer Shoe Co.Court of Appeals for the Seventh Circuit · 1942
- Schmahl v. Aurora National BankAppellate Court of Illinois · 1941
- Croak v. TrentmanSupreme Court of Oklahoma · 1915
- Robinson v. BeatySupreme Court of Oklahoma · 1919
18 more not listed; retrieve them via the Exa API.