Chillicothe Ferry, Road & Bridge Co. v. Jameson
Illinois Supreme Court
Appeal from, the Circuit Court of Peoria county; the Hon. Sabin D. Putebbaugh, Judge, presiding. This was an action of assumpsit, brought to the Circuit Court of Peoria County, by appellees against appellant, to recover upon a contract for grading. Hpon the trial of the cause in the court below, the jury returned a verdict for the plaintiffs, and assessed their damages at $2,095.82, for which the court rendered judgment.
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Appeal from, the Circuit Court of Peoria county; the Hon. Sabin D. Putebbaugh, Judge, presiding. This was an action of assumpsit, brought to the Circuit Court of Peoria County, by appellees against appellant, to recover upon a contract for grading. Hpon the trial of the cause in the court below, the jury returned a verdict for the plaintiffs, and assessed their damages at $2,095.82, for which the court rendered judgment. The defendants moved for a new trial, which was denied by the court, and they bring the cause to this court, and ask that the judgment of the court below be reversed, and…
1Opinion of the CourtJustice Walker
It is urged that the court below erred in permitting appellees to call witnesses and introduce evidence in chief, after appellants had closed their testimony. On the other side, it is contended that this evidence was strictly rebutting, or if it was not, that it was discretionary with the court below to permit them to introduce evidence in chief, and the exercise of such a discretion would not be subject to review in this court. All works on evidence state it as a rule of practice, that a plaintiff should, in the first instance, introduce the evidence necessary to sustain his case, and the…
2Cited by2 opinions
- Mauzy v. KinzelAppellate Court of Illinois · 1886
- Argo v. PeopleAppellate Court of Illinois · 1898