Sconce v. Henderson

Citations

• 102 Ill. 376
• 1882 Ill. LEXIS 42

Syllabus

<p>1. Practice—finding of facts by Appellate Cowt, conclusive on this court. An affirmance of a judgment by the Appellate Court implies a finding of the facts in the same way they were found by the trial court, and such finding, under the statute, is conclusive upon this court.</p> <p>2. Witness—competency—as against cm administrator of an estate. The principal maker of- a promissory note is a competent witness in a suit thereon against the administrator of a deceased surety alone, to prove its execution by the intestate. In such case the witness is not a party to the suit, and his interest is equally balanced, and his testimony is not given on his own motion, or in his own behalf.</p> <p>3. Same—impeachment—not as to irrelevant matters. It is not the prac- ' tice to permit a party to ask questions touching irrelevant matters, and then prove that the witness has made different statements concerning them, for the purpose of impeaching him.</p>