Theile v. Chicago Brick Co.
Appellate Court of Illinois
Assumpsit, for goods sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1895.
1Opinion of the Court
Me. Presiding Justice Gary
delivered the opinion op the Court.
The first question here is whether, on the motion for a new trial, assigning—so far as relates to the instructions—the grounds that the court improperly gave instructions asked for by the defendant, and also refused to give instructions asked for by the defendant, the word defendant in the first ground may be read plaintiff. It is settled that improper instructions, though excepted to when given, can not be assigned as error if a motion in writing for a new trial was made, and omitted to assign as one of the grounds, such…
2Cases cited6 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- McKenzie v. RemingtonIllinois Supreme Court · 1875
- Nichols v. MercerIllinois Supreme Court · 1867
- Hoffmann v. World's Columbian ExpositionAppellate Court of Illinois · 1894
- Schilling v. RosenheimAppellate Court of Illinois · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of East Dubuque v. BurhyteAppellate Court of Illinois · 1897