Thompson v. Hovey

Citations

• 43 Ill. 197

Syllabus

<p>1. Evidence—acctnmb—aredits—admissions. Where a party files a bill of particulars, embracing many charges, and a credit for a sum as paid, the whole account must be taken together, like an admission of any other kind, and it is for the jury to pass upon it and say what it proves. If the other party introduces the account, he must introduce both charges and credits for the consideration of the jury. It is error for the court to direct the jury as to the weight of the evidence; it is the province of the jury to determine that question. The court may instruct as to what is testimony, hut not what it proves.</p>