De Forrest v. Oder
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. Edward T. Eioe, Judge, presiding. This was an action of assumpsit, brought by Jesse Oder, in the Sangamon Circuit Court, against John J. De Forrest. The declaration contains the common counts.
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Appeal from the Circuit Court of Sangamon county; the Hon. Edward T. Eioe, Judge, presiding. This was an action of assumpsit, brought by Jesse Oder, in the Sangamon Circuit Court, against John J. De Forrest. The declaration contains the common counts. Defendant filed these pleas: first, non-assumpsit; second, a special plea that plaintiff leased defendant a farm, with the privilege of an orchard and pasturage for five cows, and, in consideration of $125 paid to plaintiff, he agreed to keep up the fences, to keep and care for all stock defendant might place on the farm for pasturage during the…
1Opinion of the CourtChief Justice Walker
It is first insisted, that the finding of the court below is manifestly against the evidence, and the judgment should for that reason be reversed. After a careful examination of the testimony, we fail to arrive at that conclusion. There is no doubt some conflict, and there may be some doubt of the correctness of the finding, but we are inclined to the opinion that the evidence sustains the verdict. This court will not reverse, because the verdict is against the evidence, unless it is so clearly so that we must believe that the result would and ought to be different, on another trial by a…
2Cited by21 opinions
- Higbie v. RustIllinois Supreme Court · 1904
- Clause v. Bullock Printing Press Co.Illinois Supreme Court · 1886
- East v. CrowIllinois Supreme Court · 1873
- Charnley v. SibleyCourt of Appeals for the Seventh Circuit · 1896
- Smith v. BillingsAppellate Court of Illinois · 1896
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