Chambers v. Warren
Illinois Supreme Court
This cause was remanded from the last term of this court, (see 12 Ill. p. 124,) and was again tried in the Morgan Circuit Court at the March term thereof, 1851, before Woodson, Judge, and a jury, and resulted in a verdict and judgment for the appellee. The pleadings were the same as those presented in the former report of the case.
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This cause was remanded from the last term of this court, (see 12 Ill. p. 124,) and was again tried in the Morgan Circuit Court at the March term thereof, 1851, before Woodson, Judge, and a jury, and resulted in a verdict and judgment for the appellee. The pleadings were the same as those presented in the former report of the case. Previous to the last trial of the cause in the Circuit Court, the appellants filed a bill of discovery against the appellee, stating that the pending controversy grew out of a transfer of certain accounts at Saltillo, the nature of which they hoped to be able to…
1Opinion of the CourtTrumbull, J.
The second instruction given to the jury on behalf of the appellee was clearly erroneous.
It assumes that the appellants were bound by, and could not be permitted to discredit, the answer of the appellee to the bill of discovery by them filed. The language of the instruction was well calculated to mislead the jury by creating the impression that the testimony of the appellee, as contained in his answer, was binding upon the appellants, even if inconsistent with the established facts in the case.
It is true, that, after reading the answer to the jury, the appellants were not at liberty to…
2Cases cited5 opinions
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