Legal Opinion

Cox v. Pierce

Appellate Court of Illinois

Decided December 11, 1886Published

Appeal from the Circuit Court of Stark County; the Hon. T. M. Shaw, Judge, presiding. Statement by Welch, J. This was a bill filed by appellee against appellant for an account of partnership dealings.

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Appeal from the Circuit Court of Stark County; the Hon. T. M. Shaw, Judge, presiding. Statement by Welch, J. This was a bill filed by appellee against appellant for an account of partnership dealings. The bill alleges that on the 23d day of February, 1884, the appellee entered into a contract of partnership with the appellant for the term of one year, for the purpose of carrying on the business of selling drugs and other merchandise usually kept and sold by druggists in Wyoming. That the appellant had a stock of drugs and merchandise on hand which was invoiced at §6,667.50, one-half of which…

1Opinion of the CourtWelch, J.

On the 23d of April, 1886, both parties came before the court and submitted the cause on report of master, bill, answer, replication, exhibits, evidence taken before the master and exceptions. The exceptions were overruled. Thereupon appellant offered to introduce oral testimony to the court, which the court refused to allow. This ruling of the court is assigned as error. By the 38th section of the chapter on evidence and' under the rule announced in Owens v. Ranstead, 22 Ill. 161, 171, and Maher v. Bull, 39 Ill. 531, 535, appellant had a right, notwithstanding the order that had been made,…

2Cases cited4 opinions

  1. Owens v. RansteadIllinois Supreme Court · 1859
  2. Maher v. BullIllinois Supreme Court · 1864
  3. Laswell v. RobbinsIllinois Supreme Court · 1866
  4. Steere v. HoaglandIllinois Supreme Court · 1869

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