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100 Ill. App. 320

Quin v. Herhold

Appellate Court of Illinois

Decided February 21, 1902

Appellate Court of Illinois · decided 1902-02-21

<p>1. Customs—Requisites—Admissibility in Evidence.—A custom, to be admissible in evidence as such, must be shown to be certain, uniform, reasonable, and not contrary to law.</p>

Affirmed · Decided 1902-02-21

Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2The offered testimony as to custom was properly excluded. There was no evidence of any custom or usage known, certain, uniform, reasonable and not contrary to law. Greenlealf on Evidence, Yol. 2, Secs. 248-250.

¶3It does not appear that defendant objected to the notes being taken by the jury with the indorsements thereon.

¶4The evidence is not such that we can say that there is a clear preponderance in favor of the contention of the defendant.

¶5The judgment of the Superior Court must therefore be affirmed.

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