Smith v. Billings
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. The original and amended bills in this cause were exhibited by appellant, Charles D. F. Smith, against A. M. Billings, as sole defendant, to establish and enforce a trust in favor of complainant in respect to certain stock which had been held by Billings, appellee’s testator, and sold by him for the sum of §60,960. The testimony of appellant was taken in his own behalf by deposition. At the taking of the deposition counsel for A.…
1Opinion of the CourtJustice Wilkin
The principal question for decision in this case must be whether or not complainant below was entitled, under the facts stated, to have his deposition considered by the court upon the final determination of the cause, and this depends upon the proper construction of section 2 of chapter 51 of our statutes. That section provides that no party to any civil action, suit or proceeding, or person directly interested in the event thereof, shall be allowed to testify therein, of his own motion or in his own behalf, by virtue of section 1, “when any adverse party sues or defends * * * as the…
2Cases cited3 opinions
- Whitmer v. RuckerIllinois Supreme Court · 1874
- Butz v. SchwartzIllinois Supreme Court · 1890
- Quick v. BrooksSupreme Court of Iowa · 1870
3Cited by11 opinions
- Foster v. Englewood Hospital Ass'nAppellate Court of Illinois · 1974
- Pink v. DempseyAppellate Court of Illinois · 1953
- Boyd v. GoreWisconsin Supreme Court · 1910
- Clark v. HarperIllinois Supreme Court · 1905
- McKee v. LynchCalifornia Court of Appeal · 1940
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