Legal Opinion

Brettman v. Braun

Appellate Court of Illinois

Decided June 2, 1890PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook County; the Hon. Abba H. Waterman, Judge, presiding.

1Opinion of the CourtGary, P. J.

This case was tried by the court without a jury. The finding of the court and the judgment upon it, were excepted to by the appellant, but no motion was made for a new trial. The appellee insists that without such a motion the sufficiency of the evidence to warrant the finding can not be questioned. The law is the other way. The eases are reviewed in Hyde Park v. Cornell, 4 Ill. App. 602.

It is not really necessary that the court shall commit the same error more than once in the same case, to bring it before a court of appellate jurisdiction for review. Leyenberger v. Paul, 25 Ill. App. 480;…

2Cases cited3 opinions

  1. Leyenberger v. PaulAppellate Court of Illinois · 1888
  2. Hubbard v. McCormickAppellate Court of Illinois · 1889
  3. Village of Hyde Park v. CornellAppellate Court of Illinois · 1879

3Cited by2 opinions

  1. Mullin v. JohnsonAppellate Court of Illinois · 1901
  2. Hoffmann v. World's Columbian ExpositionAppellate Court of Illinois · 1894

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