Ballance v. Leonard

Decided April 15, 1865

Illinois Supreme Court · decided 1865-04-15

M. Williamson, Judge, presiding. This was an action of forcible entry, brought by Charles Ballance against George Leonard, before a Justice of the Peace of Peoria county, where a trial was had and a verdict and judgment for the plaintiff. On appeal to the Circuit Court of that county, there was a . verdict and judgment for the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1865-04-15

How this case has been cited

Cited by 8 later decisions — most recently October 1930

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Breese

¶1delivered the opinion of the court :

¶2It has been again and again ruled by this court, that when a bill of exceptions does not purport to contain all the evidence, ■ the verdict of the jury will not be questioned. We cannot enquire in such case, if the verdict is supported by the evidence, but must presume that it is. Warner v. Carlton, 22 Ill., 422; Stickney et al. v. Cassell 1 Gilman, 420; Harris et al. v. Winer, 28 Ill., 138.

¶3So with respect to Marshall’s deed, we cannot say, all the evidence not being before us, whether it was properly admitted or not.

¶4Hor can we pass upon the instructions, as they are not incorporated into the record. The judgment must be affirmed.

¶5Judgment affirmed,.