Powell v. McCord

Citations

• 121 Ill. 330
• 12 N.E. 262

Syllabus

<p>1. Appeal—reviewing questions of fact. The affirmance of a judgment •of the circuit court, by the Appellate Court, settles every question of fact against the party appealing therefrom, including all those depending upon the inferences or deductions to be drawn from the evidentiary facts.</p> <p>2. Evidence—whether a fact is admitted by an attempt to prove it. Evidence offered by one of the parties in a suit to prove a specified fact, and ruled out on the objection of the other, can not be relied on by the latter as proof, or the admission of anything.</p> <p>3. Same—relevancy—as, where a question of indebtedness alone is involved, to show that one of the parties employs convict labor. On the trial in an action involving the question of an indebtedness between the parties, and whether certain transactions involved gambling contracts for the purchase and sale of grain not expected to be delivered, the defendant, on cross-examination, was asked if he was not then employing convict labor, and how many convicts, and he answered that he was,—from one hundred and seventy-five ■to two hundred: Held, that the questions were highly improper, and had no relevancy to the case, and should not have been allowed.</p> <p>4 Practice—mode of objecting to evidence and preserving exception. A party must object to the asking of improper and irrelevant questions, and to evidence offered, so as to afford the trial court an opportunity of passing on the objection, before he can assign for error the propounding of such questions and the answers thereto. It is not sufficient to state, on the trial, that he saves the point on each of the questions, and that each one is overruled, and exception taken. The objection must be brought to the .attention •of the court. ■</p> <p>5. Biiiii of exceptions—taken as true. If the bill of exceptions fails to show that a party objected to certain evidence or questions, and that the • court overruled the same, he should, in the trial court, have the record