Grimes v. Hilliary
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Yermilion county; the Hon. Edward P. Yail, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Yermilion county; the Hon. Edward P. Yail, Judge, presiding. Appellee, administrator of the estate of Jacob Grimes, Sr., brought assumpsit against appellant, counting on two promissory notes, in several counts, each note bearing date August 15, 1876, due five and ten years after date, respectively, without interest, made by appellant to his intestate, and alleging in the several counts that said notes had been lost or destroyed, and after du'e search could not be found. The general…
1Opinion of the CourtJustice Shope
All controverted questions of fact have been settled by the judgment of the Appellate Court, and it remains to consider only questions of law arising upon the record.
First — At the conclusion of the plaintiff’s case the defendant moved the court to exclude the evidence from the jury and direct a verdict in his behalf. The plaintiff entered a cross-motion for leave to amend the declaratum, which was allowed, and the motion to exclude overruled. Thereupon the defendant introduced evidence to sustain the issues on his part, and the cause was submitted to the jury without renewal of the motion.…
2Cases cited6 opinions
- Grey v. . GreyNew York Court of Appeals · 1872
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Joliet, Aurora & Northern Railway Co. v. VelieIllinois Supreme Court · 1892
- Riggs v. PowellIllinois Supreme Court · 1892
- Sprague v. DodgeIllinois Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- The People v. WellsIllinois Supreme Court · 1942
- Flannery v. PeopleIllinois Supreme Court · 1906
- Clymer v. GroffSupreme Court of Pennsylvania · 1908
- Foster v. GrafIllinois Supreme Court · 1919
- Haldeman v. MartinSupreme Court of Iowa · 1928
11 more not listed; retrieve them via the Exa API.