O'Hara v. Murphy
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. Truman E. Ames, Judge, presiding. This was an action of assumpsit brought by appellee, against appellant, in the circuit court of Christian county.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. Truman E. Ames, Judge, presiding. This was an action of assumpsit brought by appellee, against appellant, in the circuit court of Christian county. The evidence showed that the appellee, John Murphy, came to this country from Ireland in 1878, and went to live with appellant, James O’Hara, who had married his (Murphy’s) sister; that he lived with O’Hara, working for him on his farm, until 1899, when they had a disagreement and appellee quit O’Hara’s…
1Opinion of the CourtJustice Carter
The appellant insists that the judgment should be reversed on the grounds that the contract alleged by the appellee is not supported by sufficient evidence, that the claim is barred by the Statute of Limitations, and that the trial court erred in giving and refusing instructions.
It is said by counsel that appellee lived with appellant as a member of his family, and that his special contract for pay for his services was not proved. There was sufficient evidence to go to the jury on this question, and we have no power to reverse the judgment of the Appellate Court affirming the finding below.
App…
2Cases cited3 opinions
- Wachter v. AlbeeIllinois Supreme Court · 1875
- Miller v. CinnamonIllinois Supreme Court · 1897
- Schmidt v. PfauIllinois Supreme Court · 1885
3Cited by6 opinions
- Marshall v. PletzSupreme Court of the United States · 1943
- Huffman v. GouldAppellate Court of Illinois · 1945
- Schmidt v. DesserAppellate Court of Illinois · 1980
- Big Diamond Milling Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919
- In re the Estate of FieldNew York Surrogate's Court · 1958
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