Brant v. Lill

Citations

• 96 Ill. 608
• 1880 Ill. LEXIS 78

Syllabus

<p>1. Appeal from Appellate Court—review of questions of fact. On appeals from the Appellate Court this court can not consider any controverted questions of fact, excepting in criminal cases, and cases in which a franchise or freehold, or the validity of a statute is involved.* </p> <p>2. Same—and herein, when the Appellate Court should recite the facts found. The 87th section of the Practice act imperatively requires the Appellate Court, on making a final determination of a cause as the result wholly or in part of the finding of the facts different from the finding of the trial court, to recite in its final order, judgment, or decree, the facts found, and it is error not to make such recital.</p> <p>3. When the Appellate Court fails to recite any facts in its final judgment, it will be inferred that it did not find the facts differently from the trial court, and in such case, if it simply reverses the judgment below, without remanding the cause, it will be inferred that the Appellate Court held the facts thus found did not constitute a cause of action, or that taking the evidence in the record it did not prove or tend to prove a right of recovery. In such case this court on appeal or error will look into the evidence as on a demurrer to evidence, and if it proves or tends to prove a cause of action, will reverse the judgment of the Appellate Court.</p>