Stern v. Glattstein
Appellate Court of Illinois
Trespass on the Case, for seizure of personal property. Trial in the County Court of Cook County; the Hon. R. O. Marshall, Judge, pre- siding; finding and judgment for plaintiff; appeal by defendant.
1Opinion of the CourtJustice Adams
This case was tried, by agreement, by the court, without a jury. Appellant contends that the finding is contrary to the evidence. The abstract filed by appellant states that the defendant (appellant here) excepted to the judgment. The bill of exceptions shows no such exception. In such case we are precluded from inquiring whether the finding of the court is sustained by the evidence. Ill. Cen. R. R. Co. v. O’Keefe, 154 Ill. 508; Seavey v. Seavey, 30 Ill. App. 625, 637.
A motion for a new trial was made and overruled, and appellant excepted, but such motion, when a case is tried by the court,…
2Cases cited5 opinions
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1895
- Sands v. KageyIllinois Supreme Court · 1894
- Illinois Central Railroad v. WheelerIllinois Supreme Court · 1894
- Dickinson v. GrayAppellate Court of Illinois · 1897
- Seavey v. SeaveyAppellate Court of Illinois · 1889
3Cited by2 opinions
- Dominion Co. v. AtwoodAppellate Court of Illinois · 1904
- Barrere v. GriffithAppellate Court of Illinois · 1903