Williams v. Case
Illinois Supreme Court
Appeal from the Circuit Court of Rock Island county; the Hon. Geo, W. Pleasants, Judge, presiding. This was an action brought by David M. Case against Taylor Williams, on an account for work and labor in the grading, etc., of a railroad track, the balance of the account being §729. The defendant, for the purpose of showing that the account was incorrect, and fictitious, offered to prove that, in a prior suit by the plaintiff in the county court, his account was different…
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Appeal from the Circuit Court of Rock Island county; the Hon. Geo, W. Pleasants, Judge, presiding. This was an action brought by David M. Case against Taylor Williams, on an account for work and labor in the grading, etc., of a railroad track, the balance of the account being §729. The defendant, for the purpose of showing that the account was incorrect, and fictitious, offered to prove that, in a prior suit by the plaintiff in the county court, his account was different from the one in this suit, but not in what respects the two accounts differed, which the court refused to allow to go to…
1Opinion of the CourtJustice Walker
It is urged that the court below erred in rejecting evidence of the amount of an account sued on in the county court, bv appellee against appellant. The latter called the deputy eountv clerk, who testified that lie had searched for the account, and was unable to find it. He then called a witness, who testified that he was familiar with the account filed in that suit, and asked him ivhether the account in this suit was the same as the account filed in that, but the.court below rejected the evidence.
In the first place, the proper foundation was not laid for the admission of such evidence. The…
2Cited by1 opinion
- Freeman v. DempseyAppellate Court of Illinois · 1891