O'Neall v. Calhoun

Citations

• 67 Ill. 219

Syllabus

<p>1. Practice—allowing jury to take evidence on retirement. Where the record of a prior suit, relating to the same matter in litigation, but not between the same parties, and the bill of exceptions taken on the trial of the former suit, were admitted in evidence by consent: Held,, that it was noterror to permit the jury to carry such record to their room, as such consent did not assimilate the record to a deposition.</p> <p>2. Evidence—bill of exceptions. The statements of witnesses upon another trial, as contained in the bill of exceptions, are not evidence in a different suit without the consent of the parties.</p> <p>3. New trial—;finding of facts. Where the evidence is conflicting, and there is evidence sufficient to justify the finding of the jury, and there is no error in the instruction as against the party complaining, a new trial will not be granted.</p>