McCarthy v. Mooney

Decided September 15, 1868

Illinois Supreme Court · decided 1868-09-15

Erastus S. Williams, Judge, presiding. This was an action of assumpsit, brought by Mooney against McCarthy, for work and labor done. A trial was had before the court and a j ury, resulting in a verdict and judgment for the plaintiff for $210. The defendant thereupon took this appeal, and asks a reversal of the judgment, upon the ground that the verdict was against the evidence.

Cited by 1 later decisions — most recently November 1878

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-09-15

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Mr. Justice Lawrence

¶1delivered the opinion of the Court:

¶2This is an action for work and labor. It has already been before this court upon a judgment for the plaintiff, and remanded for a second trial, upon the ground that the evidence was insufficient. Since then it has been tried again, and the parties have themselves been sworn, under the recent statute, and the jury rendered another verdict for the plaintiff. As the record is now presented, we cannot say the verdict is not sustained by the evidence. It was for the jury to determine which party to believe.

¶3There was no error in the giving or refusing instructions.

¶4Judgment affirmed.