Northwestern Brewing Co. v. Manion

Citations

• 145 Ill. 182
• 34 N.E. 50

Syllabus

<p>1. Landlord and Tenant—action for rent—facts supporting judgment. On reversing a judgment of the trial court, the Appellate Court found that the plaintiff leased certain premises to the defendant, the lease provided for the payment of rent at $160 per month; that the defendant entered into possession of the premises, and paid rent for four months; that defendant failed to pay rent for two months, August and September, 1890; that he was sued by the lessor for the rent thus due, in the Superior Court of Cook county; that defendant appeared and defended the action, setting up the same defenses relied on- in the second suit for rent; that evidence was heard and a judgment rendered against him, which was still in force. Held, that such finding fully-sustained the judgment of the Appellate Court for the entire rent found to be due under the lease.</p> <p>2. Appeals and Writs op Error—reviewing the facts. Under section 88 of the Practice act, this court is not at liberty to review the facts found by the Appellate Court and incorporated in its final judgment or decree, as the judgment of the Appellate Court is conclusive as to all matters of fact in controversy in the ease.</p> <p>3. Where the Appellate Court reverses the judgment of the Circuit Court, and in its final judgment finds the facts differently from that court, and the case is brought to this court, the only question before this court is whether the judgment, conceding the facts as found to be correct, is authorized by the facts as found by the Appellate Court.</p> <p>4. Where the Appellate Court reverses the judgment of the Circuit Court, and incorporates a finding of facts in its judgment, this court, on appeal or error, can only look to the facts as found by the Appellate Court. If the facts found by the Appellate Court will justify a judgment for thp plaintiff, a motion of the defendant to exclude the plaintiff’s evidence is properly overruled.</p>