Public-domain · open source
OpenJurist

66 Ill. App. 469

Rokker v. Stephenson

Appellate Court of Illinois

Decided October 22, 1896

Appellate Court of Illinois · decided 1896-10-22

<p>1. Questions of Fact—Weight of Evidence.—When a case involves only questions of fact and there is no such preponderance of evidence in favor of the unsuccessful party as to warrant a reversal of the finding, it must be affirmed.</p>

Relies on Brobston v. Cahill

Affirmed · Decided 1896-10-22

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2Only a question of fact is involved in this case, viz.: Whether plaintiff in error signed a lease, for rent accrued under which, judgment has been rendered against him.

¶3We have carefully examined the testimony given upon the trial, and are of the opinion that there is no such prepondera nee of evidence in favor of the defendant below, as would warrant a reversal of the finding of the court. In saying this, we bear in mind that the judge before whom the cause was tried had an opportunity for comparing the admittedly genuine signature of plaintiff in error with that disputed, which we have not. Brobston v. Cahill, 64 Ill. 356.

¶4The judgment of the Circuit Court is affirmed.

/66/illapp/469 · .json · Public domain