Legal Opinion

Donnelly v. Thieben

Appellate Court of Illinois

Decided November 29, 1881PublishedCited by 5 opinions

Ebrob to the Circuit Court of Cook county; the Hon. Elliott Anthony, of the Superior Court, sitting as Circuit Judge, presiding.

1Opinion of the CourtBailey, J.

As the plaintiff saw fit to base his motion for a new trial solely upon the ground that the court admitted improper testimony, the only question we are at liberty to consider is, whether the court erred in refusing to set aside the verdict on that ground. The evidence to which objection is made, is that which was offered by the defendant to support his defenses of set-off and recoupment. Instead of presenting these defenses by special pleas, the .defendant set them up by a notice filed'with the general issue; and in determining the admissibility of the evidence, it is necessary to consider,…

2Cases cited3 opinions

  1. Guthrie v. JonesMassachusetts Supreme Judicial Court · 1871
  2. Preston v. BriggsSupreme Court of Vermont · 1844
  3. Raddin v. ArnoldMassachusetts Supreme Judicial Court · 1874

3Cited by5 opinions

  1. Trabue Pittman Corp. v. County of Los AngelesCalifornia Supreme Court · 1946
  2. Fellows v. JohnsonAppellate Court of Illinois · 1913
  3. Revzen Business Interiors, Inc. v. CarraneAppellate Court of Illinois · 1979
  4. Getzendaner v. ErbsteinAppellate Court of Illinois · 1950
  5. Getzendaner v. ErbsteinAppellate Court of Illinois · 1950

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