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1 Ill. App. 557

Noy v. Creed

Appellate Court of Illinois

Decided June 15, 1878

Appellate Court of Illinois · decided 1878-06-15

<p>1. Practice—Bill of exceptions must contain all the evidence. —A bill of exceptions must state that it contains all the evidence in the case, or it will be presumed that there was sufficient evidence to sustain the finding.</p> <p>2. Evidence—Competency of witness.—In an action by a wife for damages sustained in consequence of intoxication of her husband, caused by sale of liquor to him, the husband is a competent witness in behalf of his wife.</p>

Relies on Cogshall v. Beesley · Henry v. Halloway · Davenport & Cox v. Ryan

Decided 1878-06-15

Per Curiam.

¶1This action was originally commenced before a Justice of the Peace by appellee, to recover damages sustained by her in consequence of intoxication of her husband, John Creed, caused by liquor sold to him by appellant.

¶2As the bill of exceptions does not state that it contains all the evidence given on the trial below, we must presume that the evidence was sufficient to sustain the finding of the jury. Cogshall v. Beesley, 76 Ill. 445; Henry v. Holloway, 78 Ill. 356.

¶3In this action the husband was a competent witness in behalf of his wife: Davenport & Co. v. Ryan, 81 Ill. 218. We find no error.

¶4.Judgment affirmed.

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