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51 Ill. App. 435

Doremus v. Clarke

Appellate Court of Illinois

Decided February 13, 1894

Appellate Court of Illinois · decided 1894-02-13

<p>1. Verdict—Against the Weight of the Testimony.—A verdict which is manifestly against the weight of the testimony should be set aside; a judgment based upon it will be reversed.</p>

Reversed and remanded · Decided 1894-02-13

Mr. Justice Shepard

¶1delivered the opinion oe the Court.

¶2The judgment appealed from was recovered upon evidence so strongly preponderating against the appellee, who was plaintiff below, that we are unable to discover any reasonable justification for it. The appellee apparently has no faith in its justice, for she does not appear in this court in its defense.

¶3The dispute was a mere matter of accounting, and from the record as presented to us, which we have, although unaided by appellee, diligently examined, we can not see how the judgment can be upheld. It looks very much as if the judgment ought to have been considerably in favor of the appellant.

¶4We will therefore reverse and remand the cause.

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