Skiles v. Caruthers

Citations

• 88 Ill. 458

Syllabus

<p>1. New trial—conflict of evidence. Where the evidence is conflicting as to the representations made as to the quality of cattle sold, and the finding of the jury is not clearly against the preponderance of the evidence, and the jury have been properly instructed, this court will not interfere with the verdict.</p> <p>2. Instruction—should state law of the case, only. An instruction is objectionable where it contains a statement of the case, instead of a plain proposition of law; yet, if it expresses the law of the case, and it is evident, from the instructions on both sides, it could not have misled the jury, the judgment will not be reversed.</p> <p>3. Practice in Supreme Court—abstract. An abstract printed on both sides of the paper, and which gives the evidence in a body, as found in the reporter’s notes, without abbreviation, is in violation of the rule of this court.</p>