Bell v. Gardner
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. Cyrus Epler, Judge, presiding. This was a-bill in chancery, originally filed by Elizabeth Ewing, in her lifetime, against Parker Gardner and Joseph Gardner, for a new trial in an action at law. Upon the death of the complainant, Henry Bell, her administrator, was substituted as complainant. The court below dismissed the bill, and the administrator appealed.
1Opinion of the CourtJustice Scott
This bill was filed by Elizabeth Ewing, in her lifetime, to obtain a new trial in a common law cause, wherein she. was plaintiff and appellees were defendants. In the original bill, the right to relief seems to be based on two propositions: 1st, that complainant was surprised by the evidence introduced at the trial; and, 2d, that she had since discovered new test!mony that materially affects the merits of the cause, and if afforded an opportunity to present it-, it would change the result of the suit.
By an amendment to the bill, it is alleged, in general terms, tliat the verdict was the…
2Cases cited3 opinions
- Bowen v. RutherfordIllinois Supreme Court · 1871
- Walker v. KretsingerIllinois Supreme Court · 1868
- Sulzer v. YottIllinois Supreme Court · 1870
3Cited by2 opinions
- State v. GardnerOregon Supreme Court · 1898
- City of Virginia v. DunawayAppellate Court of Illinois · 1885