Howell v. Morlan

Citations

• 78 Ill. 162

Syllabus

<p>1. Judgment—entering nune pro tunc. The entry of a judgment nunc pro tunc is proper when a judgment had been ordered at the proper term, but the clerk has failed or neglected to enter it upon the record.</p> <p>2. Bill of exceptions—presumption in respect to evidence hea/rd. Where the court orders the entry of judgment at a term subsequent to that at which the verdict is returned, as of the proper term, and the record shows that evidence was heard upon the motion, but the bill of exceptions fails to give the same, it will be presumed that the evidence justified the action of the court.</p> <p>3. Whabfman—liability f or not obeying instructions as to whom goods are to be shipped. Where grain was delivered to wharfingers, to be shipped to a certain party in New Orleans, where certain rates could be had, and, before shipment, they were notified not to ship to such party, but to another, which they neglected to do, but shipped according to the first direction, and the price of the grain was lost, in consequence of the insolvency of the consignee, it was held, that the wharfingers were liable to the shipper for its value.</p>