Tucker v. Watte

Decided September 15, 1872

Illinois Supreme Court · decided 1872-09-15

Lambert Tree, Judge, presiding. This was an action of trespass on the ease, brought by William F. Tucker and John B. Sherman against Joseph M. Watte. The defendant filed a plea of not guilty, upon which issue was joined; and upon a trial before the court, a jury being waived, judgment was rendered in favor of the defendant for costs. The plaintiffs appeal.

Decided 1872-09-15

Per Curiam:

¶1This is a case depending wholly upon a question of fact. It wras submitted for trial to the court without a jury. The testimony is conflicting. The witnesses were few in number, and the court below, hearing and seeing them, could better determine the credit to be given to the testimony of each one than we can do. While we entertain some doubt as to the correctness of the finding, we do not feel authorized to reverse the judgment.

¶2The judgment of the court below is affirmed.

¶3Judgment affirmed.