First National Bank v. Mansfield

Citations

• 48 Ill. 494

Syllabus

<p>1. Practice—production of books as evidence. To compel the production of books to be read in evidence, the other party thereto must have reasonable notice, and it should appear, by affidavit or otherwise, that the books contain evidence pertinent to the issue, before the court orders their production.</p> <p>2. Evidence—statements of a witness. It is not error in the court to refuse to receive evidence from one witness, as to what another witness stated in reference to the case, at a time different from that at which it is claimed that the transaction in dispute occurred, it not being allowable to corroborate the testimony of a witness by proving his own statements; nor are such statements a part of the res gestee.</p> <p>3. Same—boohs^-examination of a witness. Where a plaintiff reads various items from defendant’s account books, to defendant’s witness, and examines him as to such items, he does not thereby make such book, or any part of it, evidence; nor does it authorize defendant to read the books in evidence.</p> <p>4. Same—what is not admissible. Where a witness testified, incidentally, that he went into defendant’s business house, but as to nothing which occurred there in reference to the case, it is not error to refuse to permit the witness to state what persons were there, as such testimony would be entirely immaterial.</p> <p>8. Verdict—evidence in support. Where the evidence is conflicting and irreconcilable, it is for the jury to determine to which side they will give the credit. Aud if it does not fail to support the verdict, it will not be disturbed.</p>