Highley v. Metzger
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John C. Gar ver, Judge", presiding. This is an action in assumpsit, brought on August 8, 1898, by appellee, as executrix of the will of William G. Metzger, deceased, against appellant to recover a debt of $10,000.00 and interest, which had become due from appellant to the deceased in the lifetime of the latter.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John C. Gar ver, Judge", presiding. This is an action in assumpsit, brought on August 8, 1898, by appellee, as executrix of the will of William G. Metzger, deceased, against appellant to recover a debt of $10,000.00 and interest, which had become due from appellant to the deceased in the lifetime of the latter. The declaration consisted of the common counts. The pleas were non-assumpsit and set-off, but the latter plea, after replication had been filed thereto,…
1Opinion of the CourtJustice Magruder
The questions involved in this case are almost entirely questions of fact. They are settled by the judgments of the circuit and Appellate Courts. The judgment of the Appellate Court, affirming, as it does, the judgment of the circuit court, is a final adjudication, so far as we are concerned, upon these questions of fact. No error is assigned by appellant as having been committed by the trial court in the giving or refusal of instructions. Only two points are presented in the argument of counsel for appellant, which are proper for our consideration; and these relate to the rulings or remarks…
2Cases cited4 opinions
- Gray v. MerriamIllinois Supreme Court · 1893
- Chicago & Eastern Railroad v. HollandIllinois Supreme Court · 1887
- Chicago City Railway Co. v. McLaughlinIllinois Supreme Court · 1893
- Sanford v. DavisIllinois Supreme Court · 1899
3Cited by6 opinions
- Render v. LillardSupreme Court of Oklahoma · 1916
- Lanser v. FidlerAppellate Court of Illinois · 1910
- Cohen v. FriedmanIllinois Supreme Court · 1913
- Pley v. LavetteAppellate Court of Illinois · 1912
- Diamond v. Piggly Wiggly Stores, Inc.Appellate Court of Illinois · 1925
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