Skelly v. Boland

Citations

• 78 Ill. 438

Syllabus

<p>1. New trial—newly discovered evidence. It is not error to refuse a new trial on the ground of newly discovered evidence, where the evidence is merely cumulative.</p> <p>2. Practice—remandes of the court. It is not proper for a court to make remarks, in the hearing of the jury, calculated to influence their finding.</p> <p>3. Where a plaintiff had closed his case, and had shown a right to recover, the defendant moved for a non-suit, which the court denied, and remarked, in the hearing of the jury, that, upon the evidence then in, the plaintiff would be entitled to recover, unless the defendant made a defense: Held, that any interference by the court, by remark or otherwise, within the hearing of the jury, except by way of instructions, is improper, but this court will not reverse for that reason, when it is apparent that the remark did not prejudice the defendant’s case.</p>