Legal Opinion

Tyrrell v. Robinson

Appellate Court of Illinois

Decided May 9, 1913No. Gen. No. 17,107Published

Appeal from the Municipal Court of Chicago; the Hon. McKenzie Cleland, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1910.

1Opinion of the CourtJustice Barnes

Appellants ask for a reversal of the judgment for plaintiff on two grounds; (1) that the contract sued on comes within the statute of frauds, and (2) that the verdict was against the manifest weight of the evidence.

It is enough to say with respect to the first that not only was there no plea setting up the statute of frauds (whether necessary or not), but there was no objection to evidence, nor motion to strike out evidence, nor instruction given or refused or asked for, by which the question was raised in the court below, and manifestly it cannot be raised here for the first time. Highley v.…

2Cases cited4 opinions

  1. Hodges v. Bankers Surety Co.Appellate Court of Illinois · 1909
  2. Highley v. MetzgerIllinois Supreme Court · 1900
  3. Lanser v. FidlerAppellate Court of Illinois · 1910
  4. Sanford v. DavisIllinois Supreme Court · 1899

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