Legal Opinion

Howard v. Tedford

Appellate Court of Illinois

Decided July 26, 1897PublishedCited by 6 opinions

Assumpsit, on the common counts. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding.

1Opinion of the CourtJustice Sears

This was an action to recover an amount alleged to be due appellee for wages.

The evidence presented a case proper for submission to a jury, and in the absence of a prejudicial error, their finding should not be disturbed.

There are two errors assigned:

1st. That the trial court erred in excluding answers to two questions put by counsel for appellant to one Howard, a witness.

That this ruling was erroneous can not be urged here, for counsel neglected to make known by proffer or otherwise, what he would prove by the answers sought. The trial court could not pass upon the relevancy or materiality…

2Cases cited4 opinions

  1. Mergentheim v. StateIndiana Supreme Court · 1886
  2. Gaffield v. ScottAppellate Court of Illinois · 1889
  3. Jenks v. Knott's Mexican Silver Mining Co.Supreme Court of Iowa · 1882
  4. Votaw & Hartshorn v. DiehlSupreme Court of Iowa · 1883

3Cited by6 opinions

  1. Kornazsewska v. West Chicago St. R. R.Appellate Court of Illinois · 1898
  2. McKey v. EsterAppellate Court of Illinois · 1910
  3. McLeod v. Andrews & Johnson Co.Appellate Court of Illinois · 1904
  4. Morris v. TaliaferroAppellate Court of Illinois · 1898
  5. Whyte v. RogersAppellate Court of Illinois · 1940

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