Andreas v. Ketcham

Citations

• 77 Ill. 377

Syllabus

<p>1. Practice—remarks of judge upon the facts, improper. Although the knowledge of the judge trying a case may be superior to that of the witnesses in respect to facts in issue, yet the law does not permit him to bias the jury by Ills own opinion as to any disputed fact which is required to be proved.</p> <p>2. Evidence—province of court and jury in respect thereto. It is the duly- of the court to determine what evidence is proper to go to the jury upon the issues involved, and to instruct them as to the law; but the jury are the sole judges of the weight to he given to the evidence bearing upon the issues, and their verdict must be based upon the evidence, and not upon the opinion of the presiding judge.</p> <p>3. Instruction—must he predicated upon evidence. It is erroneous to give an instruction based upon a state of fact, where there is no evidence in the case tending to prove the same.</p> <p>4. Evidence—relevancy. Where a written contract of subscription for a map of a county contains no provision whatever for 'inserting the business card of the subscriber, the fact whether such business card, as inserted, is correct or not, is wholly- immaterial as a defense to a suit on the contract against the subscriber.</p> <p>5. Subscription—for county map—what may he shown in defense of suit on. If a party is sued upon his subscription for a county map, he may show in defense that the map is incorrect.</p>