Tenney v. Foote

Citations

• 95 Ill. 99
• 1880 Ill. LEXIS 153

Syllabus

<p>1. Appeal from, an Appellate court—as to the finding of facts. An assignment of error as to the judgment of the Appellate Court, relating purely to a question of fact arising upon the issues in the trial court, is not allowable, except in a criminal case, or one in which the revenue, a franchise or freehold, or the validity of a statute, is involved.* </p> <p>2. Where the Appellate Court finds that the evidence sustains the verdict of the jury, such finding, as to the facts, is conclusive upon this court, and only questions of law can be considered. The rule is the same as to the finding of the circuit court trying a case without a jury. It will he presumed, when the judgment is affirmed, that the Appellate Court did its duty, and determined whether the evidence warranted the finding of the court.</p> <p>3. Where the issues presented by pleas present no question of law, and no such question arises by the admission or exclusion of evidence on the trial, and the Appellate Court affirms the judgment below, its decision is final, and no error can be predicated upon its decision.</p> <p>4. Same—certificate of finding of facts by Appellate Court—when allowable. The statute authorizing the Appellate Court to find the facts in a case, applies only where t.he judgment of that court is the result wholly or in part of the finding of the facts, concerning the matter in controversy, different from the finding of the court from which such cause was brought by appeal or writ of error, and the facts found there must be recited in the final order, judgment or decree of the court, and not merely embraced in a certificate of two of the judges thereof.</p> <p>5. Same—sufficiency of finding. But in a case where the judgment of the trial court is affirmed by the Appellate Court, and the finding, even if proper in such case, finds as to a fact where it shows that the judges are unable to find that there was such a preponderance of the evidence the other way as to authorize the reversal