Metcalf v. Edmiston

Decided January 15, 1861

Illinois Supreme Court · decided 1861-01-15

This was an action of assumpsit, brought by John A. Metcalf against Edmiston and Kramer, to recover about $2,500 for hogs, sold and delivered to the defendants. The declaration contains the common counts, to which the general issue is pleaded under oath. A jury was waived, and the case tried by the court. The court rendered judgment for defendants for costs. The plaintiff moved for a new trial, which was overruled, and an appeal taken to this court.

Cited by 1 later decisions — most recently April 1902

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-01-15

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Caton, C. J.

¶1The answer to the bill of discovery was not offered in evidence, and is not in the bill of exceptions, and is not properly a part of this record.

¶2No exception was taken to the decision of the court, admitting the railroad books in evidence, to show what hogs were shipped by rail, and consequently that decision cannot bo assigned for error. There was no error in admitting the deposition of Me Whinny in evidence. In our opinion, the evidence in the bill of exceptions fails to show that this note was given by Edmiston, for hogs purchased on joint account for himself and Kramer, or that Kramer was interested in the hogs purchased of the plaintiff, and the judgment must be affirmed.

¶3Judgment affirmed '.