Chicago & Iowa Railroad v. Duggan

Citations

• 60 Ill. 137

Syllabus

<p>Practice — of giving evidence in chief after the opposite party has closed. Where the court below so far disregarded the rule that the party holding the affirmative of an issue must be confined, after the opposite party has closed his evidence in defense, to merely rebutting testimonj'-, as to permit the former, under such circumstances, to introduce new witnesses, but it appeared that no injury could have resulted to the latter therebj'', he not being surprised by testimony as to new facts, the additional evidence being but cumulative, this court refused to interfere with the discretion of the inferior court in that regard.</p>