Powell v. Feeley

Citations

• 49 Ill. 143

Syllabus

<p>1. Action—before justice of the peace. Where a plaintiff files an account before a justice of the peace, upon which suit is brought, and in it he charges the defendant was guilty of fraud, the plaintiff may recover although no fraud is proved, if he only establish a right of recovery of which the justice has jurisdiction. And the same practice obtains on a trial of an appeal in the circuit court.</p> <p>2. Just—their discharge by the court. Where a circuit fudge directed a jury, on their retirement, that they could reduce their verdict to writing, seal it, leave it with the clerk, and then be discharged for the term, such action can not be assigned for error, unless the party at the time objects, and preserves tÉe question in a bill of exceptions.</p> <p>3. Verdict—weight of evidence. This court will not disturb a verdict unless it is manifestly against the evidence in the case.</p>