North Chicago Street Railroad v. Wrixon

Citations

• 150 Ill. 532
• 37 N.E. 895

Syllabus

<p>1. Appeal — waiver of.error. Where a party fails to make the refusal of instructions a ground for a new trial, and in his abstract in the Appellate Court fails to give the instructions asked and refused, and states in his brief filed in that court that he makes no point on the refusal of instructions, he will thereby waive his right, on appeal to this court, to assign for error the refusal of his instructions.</p> <p>2. A party can not take the judgment of the Appellate Court upon a question of fact, merely, and waive questions of law arising upon instructions, and when defeated on the fact, insist in the Supreme Court upon an error of law which was withdrawn from the consideration of the Appellate Court.</p> <p>3. Same — remittitur in the Appellate Court. A plaintiff in an action sounding in damages, on appeal to the Appellate Court, and after an order of reversal, on his motion had the judgment of reversal set aside, and entered a remittitur of one-half of the amount of the verdict, whereupon the Appellate Court entered judgment for the balance of the amount: Held, that the Appellate Court was authorized to allow the remittitur, _a,nd that in so doing and entering judgment for the re- - mainder there was no error.</p>