Legal Opinion

Breese Coal & Mining Co. v. Olney Electric Light & Power Co.

Appellate Court of Illinois

Decided September 10, 1903PublishedCited by 1 opinion

Assumpsit.—Appeal from the Circuit Court of Richland County; the Hon. Edmund D. Youngblood, Judge presiding. Heard in this court at the February term, 1903.

1Opinion of the CourtJustice Higbee

This was a suit brought by appellant to recover a debt for coal sold by it to the Citizens Light and Power Company, formerly doing business in Olney, which debt appellant claims appellee is now legally liable to pay.

A jury was waived and there was a trial by the court upon a written stipulation of facts.

While the record in this case shows a finding of the issues in favor of the defendant and against the plaintiff below, yet it nowhere shows that any judgment was entered upon the finding. So far as the record discloses, appellant appears to have attempted to take an appeal from the finding of…

2Cases cited2 opinions

  1. City of Evanston v. DowdenAppellate Court of Illinois · 1894
  2. J. W. Reedy Elevator Manufacturing Co. v. PitvowskyAppellate Court of Illinois · 1890

3Cited by1 opinion

  1. Lemenager v. Northwestern Barb Wire Co.Appellate Court of Illinois · 1938

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