Johnston v. Sochurek

Mr. Presiding Justice Ball

delivered the opinion of the court.

The testimony of appellee made a p7'ima faoie case in his favor. But he is directly contradicted by appellant in every important particular. Two witnesses also testify, that in a former trial of this case appellee swore that he had never seen appellant until in August of 1896, when a lien notice was served upon the latter, a.nd that he bad never had any conversation with appellant concerning this account. Appellee did not see fit to deny this evidence. He therefore must be held to admit that he so swore upon such former trial.

Here…