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33 Ill. App. 228

Conrad v. Kloepfer

Appellate Court of Illinois

Decided May 29, 1889

Appellate Court of Illinois · decided 1889-05-29

<p>Practice—Trial by the Court.</p> <p>1. The finding of the trial court upon evidence heard orally should have as much weight as the verdict of a jury.</p> <p>2. In such case the fact that the evidence was conflicting will not warrant this court in awarding a new trial.</p> <p>3. Error can not be assigned upon rulings which had no influence in producing the findings of the court.</p>

Relies on Nimmo v. Kuykendall · Yocum v. Benson · Thompson v. McLaughlin

Decided 1889-05-29

Garnett, P. J.

¶1On simple issues of fact, the trial judge, to whom these cases were submitted without a jury, found adversely to appellants, who were plaintiffs below.

¶2By a uniform rule, the finding of the court, upon evidence heard orally, as in this case, should have as much force as the verdict of a jury. Wood v. Price, 45 Ill. 435; Baker v. Rockabrand, 118 Ills. 370; Nimmo v. Kuykendall, 85 Ill. 476.

¶3On the issue of fact, nothing more favorable to appellants can be said, than that the evidence is conflicting, which does not warrant this court in awarding a new trial.

¶4It is clear that the evidence admitted over plaintiffs’ objection had no influence in producing the findings of the court, and the rulings can not, therefore, be assigned as error. Thompson v. McLaughlin, 66 Ill. 407. The judgment in each case is affirmed. Judgment affirmed.

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