Forsyth v. Vehmeyer
Appellate Court of Illinois
Memorandum.—Action of debt. In the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding. The opinion states the pleadings; trial by the court without a jury; judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894.
1Opinion
Gary, J.,
on petition for rehearing.
In effect this petition is based upon the proposition that the appellant has not in his briefs made a good argument. On the trial, the first exception by the appellant was “ because on an issue of nul tiel record secondary evidence is not admissible ” and in effect it is repeated on a proposition of law asked and refused, and is one of the grounds upon which a new trial was asked.
It is probably true—though we, looking only at the record, can not know whether it be true or not—that the form of the replication was not adverted to on the trial or thereafter in…
2Cases cited2 opinions
- Russell v. Chicago Trust & Savings BankIllinois Supreme Court · 1891
- Russell v. Chicago Trust & Savings BankAppellate Court of Illinois · 1891