Reynolds v. Palmer & Hopper

Citations

• 70 Ill. 288

Syllabus

<p>1. Practice—objection to evidence, and, exceptions. A party can not assign for error the admission of testimony to which he has not objected, and excepted to the ruling of the court overruling his objection.</p> <p>3. Error will not always reverse. The admission of improper testimony, against objection, which is immaterial to the issue, and is not calculated to mislead the jury, is not ground for the reversal of a judgment.</p> <p>3. Evidence—materiality. Where a plaintiff had testified, without objection, that his firm had charged the defendant with thirty-three plows, and then testified that, in settlement, defendant said he did not know any thing about the number of plows received; that his son said seven plows were charged which he never received; that they had been credited with part of the money, and they paid for all but the seven plows they never got, and the witness then testified, under objection, that the seven plows were charged to the defendant: Held, that the evidence objected to could not prejudice the defendant, the question being whether the thirty-three were all delivered, and the testimony objected to not tending to prove a delivery of the seven which were disputed.</p> <p>4. New triaIi—finding as to the facts. The mere fact that this court is not free from doubt as to which way the preponderance of the testimony is, upon a disputed fact, does not authorize it to disturb the verdict.</p>