Stickle v. Otto

Citations

• 86 Ill. 161

Syllabus

<p>1. Evtdenoe—boohs of account—ledger. When a party’s day-book is admitted in evidence after his testifying to the correctness of the various entries therein, there is no error in refusing to allow him to give in evidence his ledger, which he testifies is a correct transcript of his day-book.</p> <p>2. Error will not always reverse—improper instructions. Although one ormore of the instructions givenmaybe obnoxious to objection, yet, if taking them all together as a whole the jury could not have been misled, the judgment will not be reversed</p> <p>3. New trial—finding when evidence is conflicting. 'Where the evidence is conflicting as to questions of fact, this court will not grant a new trial except where it is clear, taking into consideration the superior advantage possessed by the jury from seeing the witnesses and hearing them testify, that the jury, either through prejudice, passion, or mistake, have erred.</p>