People ex rel. McCracken v. Soucy

Citations

• 122 Ill. 335
• 12 N.E. 746

Syllabus

<p>1. Appeal—reviewing the facts. It can not be assigned for error in this court that the Appellate Court found the facts of a case to be substantially as presented by the record at a former term. Such finding as to controverted facts is not subject to review in this court.</p> <p>2. Same—reciting the facts by the Appellate Court. The provisions of the statute requiring the Appellate Court, in cases where its judgment is the result of its finding the facts differently from the trial court, to recite in its final order or judgment the facts as found, is sufficiently complied with by a recital that the facts are substantially the same as they were in the record when before the court at a former term. The facts will be understood as those relating to the point made on the former hearing.</p> <p>3. The Appellate Court, in its final order, found “that the facts are substantially the same as they were in the record when the cause was before this court at a former term, and that the same effect is to be given them as the Supreme Court determined in said cause should be given to them when that court decided the .same,” etc.: Held, that this is not an assumption that this court had settled the questions of fact by its decision. It amounts to a statement that the Appellate Court allows the same effect to be given to the facts which this court did.</p>