Legal Opinion

Ladd v. Pigott

Illinois Supreme Court

Decided June 13, 1885PublishedCited by 20 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. The declaration in this suit is in case, to which the general issue was pleaded. The action was brought by William Pigott, against Ernest W. Ladd, to recover for deceit and fraud practieed by defendant in the sale and exchange of property.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. The declaration in this suit is in case, to which the general issue was pleaded. The action was brought by William Pigott, against Ernest W. Ladd, to recover for deceit and fraud practieed by defendant in the sale and exchange of property. On the trial in the Superior Court plaintiff recovered a judgment for $1250, against the defendant, which judgment was after-wards affirmed in the Appellate Court for the First District.

1Opinion of the CourtJustice Scott

As this case comes before this court on appeal from the Appellate Court, of course no controverted questions of fact can be considered.

It is objected the evidence does not sustain the case as stated in the declaration, and for that reason the motion for a non-suit should have been sustained. It is seen, on looking into the record, there is evidence tending to sustain the averments of the declaration, and that is sufficient to sustain the judgment, since, under the statute, the finding of the trial and Appellate courts precluded any inquiry as to the weight pf the ■evidence. That would be to…

2Cases cited1 opinion

  1. Barnes v. BrookmanIllinois Supreme Court · 1883

3Cited by20 opinions

  1. Endsley v. JohnsIllinois Supreme Court · 1887
  2. Central Railway Co. v. BannisterIllinois Supreme Court · 1902
  3. Atchison, Topeka & Santa Fe Railroad v. FeehanIllinois Supreme Court · 1893
  4. Shuttlefield v. NeilSupreme Court of Iowa · 1914
  5. Borders v. KattlemanIllinois Supreme Court · 1892

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