Thompson v. Anthony

Citations

• 48 Ill. 468

Syllabus

<p>1. New trial—verdict against the evidence. Where the evidence is contradictory, and there is not such a preponderance on either side as would justify the court in setting aside the verdict, whichever way found, the question being merely as to the credibility of the witnesses, a new trial will not be granted.</p> <p>2. Same—upon the ground of surprise. A new trial will not be awarded, upon the affidavit of a defendant, alleging that he was surprised by the testimony of the plaintiff, it appearing, that that portion of the testimony of plaintiff by which defendant alleges himself to have been surprised, was substantially contradicted by the deposition of the defendant, which was read on the trial, he having voluntarily absented himself from court.</p> <p>3. Where a defendant gives his deposition and voluntarily absents himself from the trial, he will not be granted anew trial, merely for the purpose of giving him an opportunity to appear on the stand and deny, orally, the statements of the plaintiff, which he had in his deposition already denied.</p>