Bailey v. Robison
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. T. N. Green, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Tazewell county; the Hon. T. N. Green, Judge, presiding. This is an action of assumpsit brought by the administrator of Alexander McCoy, deceased, against Archie L. and Lida Robison, in the circuit court of Tazewell county, to recover the amount claimed to be due on two promissory notes, of $1000 each, bearing date June 29, 1898. The defendants below admitted a liability on the notes for $624.25, which was tendered to the plaintiff, and the tender being refused, the 'money was paid…
1Opinion of the CourtJustice Vickers
It is first insisted'that the court erred in directing a verdict upon the issues presented by appellants’ pleas. This assignment of error requires this court to -examine the evidence to determine whether there is any evidence fairly tending to support the defense set up in the pleas. Upon a motion to direct a finding upon a controverted question of fact, the question is whether there is any evidence which fairly tends to support the contention of the party against whom the finding is asked. It is not enough, to justify the granting of such motion, that the court may be of the opinion that…
2Cases cited1 opinion
- Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
3Cited by14 opinions
- Remus v. SchwassIllinois Supreme Court · 1950
- Bailey v. RobisonIllinois Supreme Court · 1910
- Telpner v. HoganAppellate Court of Illinois · 1974
- Monroe v. BeckerIllinois Supreme Court · 1918
- Edwall v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1917
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