Frame v. Badger

Citations

• 79 Ill. 441

Syllabus

<p>1. Instructions—should not misrecite evidence. An instruction which recites evidence that is not before the jury, in a way which implies that the judge trying the case understands the evidence as therein recited, is erroneous.</p> <p>2. When the evidence is slight,, or is highly contradictory, it is improper to select isolated portions of the evidence, and give them prominence by calling the attention of the jury especially to them, and such practice should not be indulged in by the circuit courts.</p> <p>3. Same—should not indicate any opinion as to the weight of evidence. In giving instructions, the judge should always abstain from in any manner indicating an opinion as to the weight of evidence, unless it is of that character which the law deems conclusive.</p> <p>4. Leasing—what amounts to. An execution was levied on certain grain raised by the defendant in execution, and was replevied by' one claiming that the grain was raised on his land by the defendant, for him, under a contract by which he was to furnish the defendant’s family with necessaries, and pay' him as much more as he could afford, depending upon the crop raised. On the trial of the replevin suit, it appeared that the land on which the grain was raised belonged to the plaintiff’s brother, but the plaintiff testified that he had control of the farm, and was to pay his brother what he considered a fair share of its products, in cash, and not in a portion of the crop: Held, that this testimony', being uncontradicted, established a virtual leasing of the land, and that the plaintiff, as lessee, was the owner of the grain he raised on it, and it was improper, by instruction, to leave the question to the jury, whether the grain belonged to the brother of the plaintiff or not.</p> <p>5. Eraudttlbnt combination—expression of opinions as to one’s ability to pay. In an action of replevin for grain taken on execution as the property' of the debtor, but which the plaintiff claims was raised for him and on hi