Broughton v. Smart

Citations

• 59 Ill. 440

Syllabus

<p>1. Oonplict op testimony—want of preponderance. A party holding the uffirmatiAe of a proposition is required to maintain it by a preponderance of evidence, which can never be the case Avlien one of tivo parties, both equally credible, makes an assertion tvbicli is denied by the other. The plaintiff’s case, under such circumstances, is not proved.</p> <p>2. Action for services, when no charge was intended to he made. In an action to recover for work and labor, it appeared the plaintiff was the sister-in-law of the defendant, and made her home at his house, and it was held, that, if she did no't intend to charge for what services she rendered in the family, but regarded the same as a donation, or an equivalent for living at defendant’s house, she could not recover therefor.</p> <p>3. Bemedy—where one purchases land and another takes the tíüe. If a person purchases land and another takes the title in his own name, the real owner, it may be, may have a claim in equity to recover the land, but the nature of the claim in that regard can not be investigated in an action of assumpsit.</p> <p>4. New tbial—verdict against the evidence. In this case, in which one of the issues presented the question whether the defendant promised to marry the plaintiff, it vras held a verdict for the plaintiff was not supported by the evidence.</p>