Hall v. Barnes

Citations

• 82 Ill. 228

Syllabus

<p>1. Change of venue—discretionary with the court where counter petition is filed. Granting or refusing a petition for a change of venue where there is a counter petition, is discretionary with the court, and unless the court abuses the discretion, its action is not the subject of review in the Supreme Court.</p> <p>2. Evidence—order in which it may be introduced. It is competent for the plaintiff, in an action forpausing the intoxication of her husband, to testify to the fact of intoxication and damage sustained by reason thereof, before proving that the defendant caused the intoxication in whole or in part, although, in order to a recovery, she must prove the latter fact in some ■ way, either by her own or other testimony.</p> <p>3. Degree of evidence—in suit for selling to husband of plaintiff, preponderance of evidence is sufficient. Whilst an action by a wife for causing the intoxication of her husband is a penal one, and the material allegations in the declaration must he fully proved, yet it is not necessary the evidence should exclude all reasonable doubt. It is sufficient if there is a preponderance of evidence, and this may result from circumstantial as well as from direct evidence.</p>