Jones v. Fortune

Citations

• 128 Ill. 518
• 21 N.E. 523

Syllabus

<p>1. Appears—reversal and remandment—by Appellate Court—power and duty of that court—the trial court directing what theverd/ict shall be. It is competent for the trial court to exclude the plaintiff’s evidence from ^he jury, where it has no legitimate tendency to establish the cause of action alleged; and the Appellate Court is authorized, on appeal, to do what it shall hold the trial court should have done in this respect upon the trial.</p> <p>2. H the Appellate Court reverses the judgment of the trial court for error in its rulings of law, it must remand the cause for a new trial, unless it shall find that the evidence does not tend to prove the cause of action alleged, for otherwise it will deprive the plaintiff of the right to a trial by jury.</p> <p>3. Same—finding of facts—by Appellate Court—and recital thereof in final judgment—how far conclusive. If the Appellate Court refuses to remand the cause for the reason that,the evidence does not tend to prove the cause of action alleged, it must “either wholly or in part find the facts concerning the matter in controversy different from the finding of the trial courtand in that event it is required to recite in its final order, judgment or decree, the facts as found.</p> <p>4. The facts found by the Appellate Court, when recited in its final judgment, are not subject to controversy in this court; but this court may inquire whether the law has been correctly applied to them, and thus determine whether the refusal to remand was proper.</p> <p>5. Same—final judgment—in Appellate Court. A judgment of the Appellate Court reversing and.remanding a cause is not a final judgment, and no appeal lies from such judgment to this court.</p>