City of Chicago v. Chicago & N. W. Ry. Co.

It was contended by counsel for appellee, at the trial, that the evidence sought to be introduced was inadmissible and immaterial under the common counts. This was, it is said, the only point decided—the only ground upon which objections to the evidence were sustained.

There was no controversy as to the recoven'- and amount of the judgments obtained against the city, and the right of the latter to recover the same from appellee in a proper proceeding does not appear to have been directly considered. It is, perhaps, indirectly involved to this extent, that if the city could not recover at all,…