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64 Ill. App. 385

Fitzgerald v. Hager

Appellate Court of Illinois

Decided June 1, 1896

Appellate Court of Illinois · decided 1896-06-01

<p>1. Appellate Court Practice—Instructions not Shown by the Record.—Where the instructions given to the jury are not shown by the record, the only question to be determined Is whether the evidence warrants the verdict.</p>

Affirmed · Decided 1896-06-01

Mr. Presiding Justice Gary

¶1delivered the opinion of the Court.

¶2The appellee is administrator of Theodore Karls, late an architect in Chicago, who commenced this suit in his lifetime to recover for professional services alleged to have been rendered by him to the appellant. The evidence was conflicting; by consent the court instructed the jury orally; how is not shown; and therefore the only question that could be in the case is whether the evidence warrants the verdict.

¶3The most deliberate and solemn piece of evidence in the case, is an extract from a bill in chancery, filed and s.worn to by the appellant, which accords with the verdict, and it is impossible for this court to say that the jury ought not to have believed it.

¶4The judgment is affirmed.

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