Kreigh v. Sherman

Citations

• 105 Ill. 49
• 1882 Ill. LEXIS 235

Syllabus

<p>1. Appeals—finding of facts by Appellate Court. The affirmance of a judgment by the Appellate Court implies a finding of the facts in the same way they were found in the trial court; and where the action is upon a promissory note, and infancy, and illegality of the consideration are pleaded, such finding of the facts upon issues thus formed can not be reviewed by this court.</p> <p>2. Error—will not always reverse. An error in the admission of evidence which does no injury, as, where the same fact has been shown by other unobjectionable evidence, is no ground for a reversal of the judgment.</p> <p>3. Practice-—when to object to question to witness. An objection to a question to a witness comes too late when made for the first time in this court. It should be made at the time the question is propounded.</p> <p>4. Evidence—question to party—whether improper. On the trial of a suit upon a promissory note, in which one of the defences was that the note was given for money due and owing upon a gambling contract for the purchase of options on the board of trade, the court asked one of the plaintiffs, who was a witness in the case, if there was no understanding between him and the defendant that he was to furnish pork or grain, and whether the whole of the transaction, from beginning to end, was not merely to charge the defendant with the differences that might have grown out of the transactions: Held, that there was no special objection to the questions.</p> <p>5. Instruction—modifying, by directing jury to the evidence, no error. The modifying of instructions, by calling the attention of the jury to the fact of their duty to determine the nature and character of the transaction in dispute between the parties, from all the evidence in the case, is not an error.</p>