Thomas v. Rutledge
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of assumpsit, by Andrew J. Thomas, against Thomas O. Rutledge, Thomas Buckles, and Robert Semple, trustees of the LeRoy congregation of the Cumberland Presbyterian Church.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of assumpsit, by Andrew J. Thomas, against Thomas O. Rutledge, Thomas Buckles, and Robert Semple, trustees of the LeRoy congregation of the Cumberland Presbyterian Church. The plaintiff was pastor of the church, and, through his efforts, a church building was erected in LeRoy, McLean county, at a cost of about $3600. The contractors refused to give up the building until they were paid, and the plaintiff became personally responsible for the balance due them. He claimed that he,…
1Opinion of the CourtJustice Breese
After a careful examination of this record, we are not prepared to say, that the court, in trying the cause, found against the weight of the evidence. The testimony was somewhat conflicting. As this court said, in Wood v. Price, 46 Ill. 435, so must we now repeat, in a case tried by the court without a jury, in which the court was required to weigh all the testimony, as much force and effect should be given to the finding of the court as to the finding of a jury. The circuit judge is in a more favorable position to weigh the evidence than we can be, and his finding not being against the…
2Cases cited1 opinion
- Wood v. PriceIllinois Supreme Court · 1868
3Cited by2 opinions
- Walsh v. DunnAppellate Court of Illinois · 1889
- Lincoln Coal Mining Co. v. McNallyAppellate Court of Illinois · 1884