Walker v. Carey
Illinois Supreme Court
Writ of Error to the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was a suit in chancery, brought by Charles Carey against William Walker, impleaded with William Kile, for the settlement of a partnership concern, the answer of defendants being under oath, as required by the bill.
Read the full summary
Writ of Error to the Circuit Court of Edgar county; the Hon. James Steele, Judge, presiding. This was a suit in chancery, brought by Charles Carey against William Walker, impleaded with William Kile, for the settlement of a partnership concern, the answer of defendants being under oath, as required by the bill. Upon the hearing, the court rendered the following decree, to reverse which defendants bring the record to this court, and assign for error that there is no evidence in the record to support the decree as rendered by the court. “ And now at this day comes the complainant, by his…
1Opinion of the CourtChief Justice Breese
This was a bill in chancery, exhibited by Charles Carey against William C. Walker, impleaded with William Kile, for the settlement of a partnership concern, and a decree for the complainant.
The record is brought here by writ of error to reverse this decree, and the principal objection made is, that in the record the evidence is not preserved.
We perceive no objection to the decree in this regard. As this court said in Moore v. The School Trustees, etc. 19 Ill. 83, a decree need not give the evidence in the words of the witnesses, but the facts proved.
It was also said in Cooley v. Scarlett, 38…
2Cases cited1 opinion
- Moore v. School Trustees of Town. ThreeIllinois Supreme Court · 1857
3Cited by8 opinions
- Hannas v. HannasIllinois Supreme Court · 1884
- McIntosh v. SaundersIllinois Supreme Court · 1873
- Allen v. LeMoyneIllinois Supreme Court · 1881
- City of Chicago v. KellyIllinois Supreme Court · 1873
- Brown v. PetersonAppellate Court of Illinois · 1904
3 more not listed; retrieve them via the Exa API.