Mathews v. Hamilton
Illinois Supreme Court
This was an action of debt, on a bond, commenced by plaintiff in error against defendants in error in the Morgan Circuit Court, Woodson, Judge, presiding. The case was reversed in this court on account of the instructions given, which will he found sufficiently set forth in the opinion of Mr. Justice Walker.
1Opinion of the CourtWalker, J.
The record in this case fails to show that the evidence of the contents of the letter given by Lusk was excepted to by plaintiff, and its admissibility cannot be inquired into by this court. The plaintiff should have excepted, if he wished to present that question for our consideration. So of other evidence which it is urged was improperly admitted. We shall, therefore, proceed to the consideration of a portion of the instructions as given, and which were excepted to at the trial.
The second instruction asked by plaintiff, was this : “ That plaintiff would not be barred by payment made to…
2Cited by7 opinions
- Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
- Thornton v. BoydenIllinois Supreme Court · 1863
- Cram v. SickelNebraska Supreme Court · 1897
- Baker v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1893
- Shurer v. GreenTennessee Supreme Court · 1866
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