Addems v. Suver

Citations

• 89 Ill. 482

Syllabus

<p>1. Practice in Supreme Court—error working no injury. It has been repeatedly held by this court, that when matter is specially pleaded, and the plea held bad on demurrer, but the evidence is let. in and the defense made under the general issue, the defendant is not injured by wrongfully sustaining a demurrer to the plea, and a reversal will not be had.</p> <p>2. New trial—loss of instructions. The loss of the instructions in a case before the decision of a motion for a new trial, affords no ground for a new trial, any more than the loss of the summons, the declaration, pleas, a deposition, or the minutes of the evidence. It would be ground for granting leave to restore any of them, except the last named.</p> <p>3. Same—on the evidence, when conflicting. Where the evidence is conflicting and contradictory, a new trial will not be granted on the ground the verdict is against the evidence, where there is enough to support the finding. In such cases, this court will not attempt to nicely weigh the evidence on each side, and will only grant a new trial when the verdict appears to be manifestly against the evidence.</p>