Buckmaster v. Cool
Illinois Supreme Court
This was an action of trespass quare clausum fr eg it, commenced in. the Madison Circuit Court, by appellee against appellant, and charges that the trespass complained of was committed on the 1st day of September, with a continuendo to the 1st day of February, 1850. The appellant pleaded the general issue and two special pleas. Issue was taken upon the pleas, but as the decision of the Court does not turn upon the pleadings, it is unnecessary to recite them.
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This was an action of trespass quare clausum fr eg it, commenced in. the Madison Circuit Court, by appellee against appellant, and charges that the trespass complained of was committed on the 1st day of September, with a continuendo to the 1st day of February, 1850. The appellant pleaded the general issue and two special pleas. Issue was taken upon the pleas, but as the decision of the Court does not turn upon the pleadings, it is unnecessary to recite them. The cause was tried by Underwood, Judge, and a jury, at March term, 1850, and a verdict was found and judgment entered, in favor of…
1Opinion of the CourtTreat, C. J.
We c~ainot iftqthrè~ into~ the propriety of the
decision of the Circuit Court refusing to grant á new trial. It does not affirmatively appear, as-it should" in order to present that- question, - that" all' of the material evidence is in the record. It - is stated in the conclusion of the bill of exceptions, that it contains' “'an outline of all the testimony in-the case.” ' This language does not imply, that all of the facts proved on the trial, and which may legitimately have been considered by the jury, are previously set-forth. It "is'not equivalent'to'the usual statement in a bill of…
2Cited by8 opinions
- McKee v. TrislerIllinois Supreme Court · 1924
- People v. HencklerIllinois Supreme Court · 1891
- Headen v. RustIllinois Supreme Court · 1866
- Baker v. RobbinsSupreme Court of Kansas · 1872
- Gardner v. Chicago, Rock Island & Pacific Ry. Co.Appellate Court of Illinois · 1885
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