McKichan v. McBean

Citations

• 45 Ill. 228

Syllabus

<p>1. Continuance—affidavit for—absence of witness and materiality of testimony. A continuance founded upon the absence of a witness, will be properly refused where the facts to be proved can be shown by other witnesses; or where the testimony of such witness, if given, would be insufficient to establish any material fact in issue.</p> <p>2. New trial—when will not be granted for error in refusing proper testimony. A new trial will not be granted because the court may have erred in refusing to admit evidence, which, though proper, was vague and circumstantial, and in direct contradiction of positive proof upon the question in issue, where, had the jury acted upon such evidence and in disregard of the direct proof, it would have been the duty of the court to set aside the verdict.</p> <p>3. Instructions—need not be repeated. It is not error for the court to refuse an instruction which, in substance, had already been given to the jury.</p> <p>4. New trial—verdict against the evidence. Where there is a positive conflict of evidence, and the facts and circumstances by a fair and reasonable intendment justify the inference of the jury, the verdict will not be disturbed.</p>