McCarthey v. Mooney

Citations

• 41 Ill. 300

Syllabus

<p>1. Practice—motion to continue. A motion for a continuance for the want of a bill of particulars under the declaration, comes too late after filing a plea in bar. To be availing, the motion must be made at the earliest practicable moment. If not sufficient, the court will rule the plaintiff to file a full and sufficient bill of particulars on a motion by the defendant.</p> <p>3. Verdict—weight of evidence. Before a plaintiff is authorized to recover a verdict, the evidence must preponderate in his favor. If equally balanced or the testimony preponderates in favor of the defendant, the plaintiff fails to establish a right of recovery. And a verdict unsustained by the proof, should be set aside and a new trial granted.</p>