Merrimac Paper Co. v. Illinois Trust & Savings Bank

Citations

• 129 Ill. 296
• 21 N.E. 787

Syllabus

<p>1. Practice—trial by the court—preserving questions of law. If » party desires to preserve the rulings of the court trying a case without a jury, in its application of the law to the facts, he should submit to the court formal propositions of law, and except to the ruling thereon, if adverse.</p> <p>2. Appeal—reviewing the facts. Where the Appellate Court affirms a judgment in replevin, its finding as to the facts is conclusive on this-court.</p> <p>3. Assignment op error—by whom. In replevin against a bankj. described as trustee for a warehouse company, the court found the issues for the defendant, and rendered judgment in the defendant’s-favor, and awarded a writ for the return of the property to the bank, omitting to state the character in which the bank defended: Heldf that this was an error of which the plaintiff could not complain, as it could not affect its right whether the return was ordered to the nominal or beneficial plaintiff.</p>