Moore v. Tierney

Citations

• 100 Ill. 207
• 1881 Ill. LEXIS 78

Syllabus

<p>1. Statute—Practice act does not apply to chancery cases. No part of the “Act in regard to practice in courts of record,” (ch. 110, Rev. Stat. 1874,) has any reference to the mode of procedure in chancery cases, except in so far as the language, expressly or by clear implication, refers to such procedure. That is regulated by the act relating to courts of chancery, except so far as is otherwise expressly enacted, or is necessarily implied by subsequent legislation.</p> <p>2. Practice—Supreme Court reviews questions of fact in chancery cases. The amendment of section 88 of the Practice act, in 1879, by which the class of cases which might be brought directly to this court was changed so as to exclude criminal cases below the grade of felony from the enumeration, and so as to add to the enumeration cases in which the construction of the constitution is involved, and cases relating to the revenue, or in which the State is interested, has no effect upon the consideration of questions of fact in chancery cases, there never having been any legislation on that subject in either sections 88 or 89 of that act.</p> <p>3. Same—former decisions. In Gravett et al. v. Damis, 92 Ill. 191, and Morris v. Preston, 93 Ill. 219, “cases in chancery” are recognized as being among the cases referred to in sec. 89 of the Practice act as “enumerated in sec. 88” of that act before its amendment in 1879, in considering in what cases the Supreme Court might review controverted questions of fact. But both those cases were actions at law, so that all that was really adjudged was that the cases in hand were not enumerated in sec. 88.</p> <p>4. Practice in Supreme Court—as to reviewing questions of fact. It has always been the practice of this court, in reviewing cases in chancery, to examine and determine for itself the truth as to controverted questions of fact from the evidence in the record, and its duty to do so has not been changed by section 89 of the Practice act, or any other legislati