Brown v. Berry
Illinois Supreme Court
Writ oe Error to the Circuit Court of Piatt County ; the Hon. A. J. Gallagher, Judge, presiding. This was an action of assumpsit, brought in the Macon County Circuit Court, and afterward taken, by change of venue, to the Circuit Court of Piatt County, to recover damages for breach of contract.
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Writ oe Error to the Circuit Court of Piatt County ; the Hon. A. J. Gallagher, Judge, presiding. This was an action of assumpsit, brought in the Macon County Circuit Court, and afterward taken, by change of venue, to the Circuit Court of Piatt County, to recover damages for breach of contract. On the 16th of August, 1864, Berry bought of Brown a certain farm and all the personal property then on the farm, except the household furniture and three horses, in which, were, included thirty-five head of cattle, forty head of hogs, and certain other enumerated articles, for which Berry was to pay…
1Opinion of the CourtJustice Walker
While the admission of evidence on the trial of a cause is, to a large extent, regulated by general rules, still, to some extent, it is within the discretion of the court trying the case. As a general rule, the court conforms to the practice of requiring the party calling a witness, to examine him on every point to which the witness can speak, before he leaves the stand; but, if a new point arises, or a material question has been omitted, the court may, in its discretion, permit the wit- - ness to be again called and examined, affording to the other party the opportunity of cross-examination,…
2Cases cited2 opinions
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- Hunt v. WeirIllinois Supreme Court · 1862
3Cited by13 opinions
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- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- Northwestern Railroad v. HackIllinois Supreme Court · 1872
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
- Rose v. Mutual Life InsuranceAppellate Court of Illinois · 1908
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