Conrad v. Kloepfer
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Rollin S. Williamson, Judge, presiding.
1Opinion of the CourtGarnett, P. J.
On simple issues of fact, the trial judge, to whom these cases were submitted without a jury, found adversely to appellants, who were plaintiffs below.
By a uniform rule, the finding of the court, upon evidence heard orally, as in this case, should have as much force as the verdict of a jury. Wood v. Price, 45 Ill. 435; Baker v. Rockabrand, 118 Ills. 370; Nimmo v. Kuykendall, 85 Ill. 476.
On the issue of fact, nothing more favorable to appellants can be said, than that the evidence is conflicting, which does not warrant this court in awarding a new trial.
It is clear that the evidence admitted…
2Cases cited3 opinions
- Nimmo v. KuykendallIllinois Supreme Court · 1877
- Yocum v. BensonIllinois Supreme Court · 1867
- Thompson v. McLaughlinIllinois Supreme Court · 1872