Penn v. Oglesby

Citations

• 89 Ill. 110

Syllabus

<p>1. Practice—overruling motion for new trial pro forma. The parties to a suit at law have a right to the decision of the judge trying the case, upon a motion for a new trial, the same as upon all other questions arising, and the practice of'overruling such a motion proforma is anomalous, and should not be indulged.</p> <p>2. Evidence—sale bill of party. Where a son delivered to his father large quantities of grain to apply on the indebtedness of the former to the latter, in a suit by the administrator of the father against the son, the sale bill of the son’s grain made by the father is admissible in evidence, it being in the nature of an admission of the sum for which he sold his son’s property, and tending to fix the amount for which the intestate was liable.</p> <p>3. Witness—competency—when administrator sues. In a suit by an administrator, when the administrator testifies as to an admission made by the defendant in the lifetime of the intestate, the defendant is a competent witness to testify as to such admission.</p>