Miner v. Phillips

Citations

• 42 Ill. 123

Syllabus

<p>1. Bill of exceptions — its requisites —presumption in support of a verdict. Where a bill of exceptions fails to state that it contains all the evidence in the case, the appellate court will not examine whether the evidence it does contain is sufficient to support the verdict, but the presumption will be indulged that it was authorized by the proof.</p> <p>3. Instructions — when the propriety of giving them mil not be inquired into. So, where the propriety of giving certain instructions depends upon the character of the proof in the case, and the record does not show that it contains •all the evidence, the instructions will not be considered, on error.</p> <p>3. Evidence — declarations of a vendor after the sale. The declarations or admissions of a vendor, after his sale of property, are not admissible to defeat his vendee’s title.</p> <p>4. Impeachment of a witness by contradicting his testimony—of the proper foundation therefor. When a witness is interrogated in reference to what statements he has made to other persons, with a view to impeach him by contradicting his testimony in that regard, his attention should be directed to the particular statements of which he is desired to speak, by proper reference to time and place.</p> <p>5. Evidence—of proving a fact by the use of general terms. On the trial of a question of the fraud or good faith of a party in making a transfer of his property, it is not improper, in his examination as a witness, to ask him, in general terms, if he made the transfer in good faith, and he may answer, in the same general terms, that it was made in good faith, without stating the particular terms of the sale.</p> <p>6. It is a correct practice to ask general questions of this character, leaving the opposite party, upon cross-examination, to call for details and the collateral circumstances of the transaction, if he desires them.</p> <p>7. Exceptions—when necessary. Where no exception is taken on the trial, to a reference made by a witn