Stanberry v. Moore

Citations

• 56 Ill. 472

Syllabus

<p>. 1. J)ew trials— Tiowmany maybe granted—construction of tTie statute. The statute which provides that no more than two new trials shall be granted in the same case, has special application to suits in the circuit court, and does not operate to restrict the power of the appellate court in reversing judgments in the same case any number of times., In this case, a third verdict was set aside hy this court because it was not supported by the evidence.* </p> <p>2. Amendment oe pleadings —- erasures and interlineations. The practice of amending pleadings by erasures and interlineations ought not to be tolerated by the courts. A paper thus disfigured should be stricken from the files.</p> <p>8. Agency-—negligence. A person having title papers to land placed in his hands as agent and attorney, with authority to effect a sale of the land, intrusted the papers to a third person for examination, and with a view of making a sale to him. The party so intrusted with the papers, being charged with some crime, absconded and took the papers with him: Held, this act of the agent, which resulted in a loss of the papers, was not negligence on his part, so as to impose any liability upon him therefor.</p>