Chillicothe Ferry, Road & Bridge Co. v. Jameson

Citations

• 48 Ill. 281

Syllabus

<p>1. Evidence—practice. The rules of practice require each party to introduce all of his evidence in chief when proving his case, but they have a right after-wards to introduce rebutting evidence in support of their evidence in chief; but a court may, in its discretion, at any time before the argument to the jury commences, permit either party to introduce évidence in chief, to promote justice, nor can error be assigned on the admission of such evidence.</p> <p>2. Same—attorney as witness. While an attorney is not a competent witness to disclose confidential communications of his clients, he may testify to facts he learns or knows from other sources than from the relation of attorney and client; and, it should appear that he derived his knowledge from that relation before it is excluded.</p> <p>3. New triad—verdict against the evidence. Where evidence is conflicting, it is the province of the jury to weigh it, and give it such weiuht as it is entitled to receive, and having done so, their verdict will not be disturbed unless it is clearly against its weight.</p>