Huddle v. Martin

Citations

• 54 Ill. 258

Syllabus

<p>1. Practice—who may open and conclude a case—error witt not always reverse. In an action of assumpsit, the defendant admitted the plaintiff’s account, but claimed he had paid it before suit was brought; this was the only issue between the parties: Held, the defendant, having presented the issue, held the affirmative, and that it was error for the court to refuse him the right to open and conclude the case to the jury, but not sufficient, of itself, to reverse a judgment when a fair trial had been had upon the merits and on proper instructions.</p> <p>2. Witness—of his credibility. An instruction which informed a jury, that if they believed, from the evidence, that the testimony of a witness had been successfully impeached in its material parts, they should disregard it altogether, was hdd to be erroneous; for although a witness may be impeached, yet if he is corroborated by other witnesses, or by the circumstances in evidence, the jury can not reject his testimony.</p>