Legal Opinion

Gillie v. Bingham

Appellate Court of Illinois

Decided September 5, 1899Published

Assumpsit, for attorney fees. Trial in the Circuit Court of Fayette County; the Hon. Samuel L. Dwight, Judge, presiding. Finding and judgment for plaintiff; appeal by defendants. Heard in this court at the February term, 1899.

1Opinion of the CourtJustice Bigelow

Two propositions of law were submitted to the trial court to be held as the law of the case: First, that appellee was not agent of appellant in performing the legal services rendered; second, that the action would not lie for want of privity of contract.

The court declined to hold the propositions to be the law of the case, and this action of the court is assigned as error.

But it appears to us that neither of said propositions were purely propositions of law; they were rather in the nature of requests to find specially the non-existence of certain ultimate facts of the case. Alexander v.…

2Cases cited5 opinions

  1. First National Bank v. Northwestern National BankIllinois Supreme Court · 1894
  2. Bartelott v. International BankIllinois Supreme Court · 1887
  3. Joliet, Aurora & Northern Railway Co. v. VelieIllinois Supreme Court · 1892
  4. Alexander v. AlexanderAppellate Court of Illinois · 1893
  5. Waterloo Milling Co. v. H. Kuenster & Co.Appellate Court of Illinois · 1895

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