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67 Ill. App. 290

Paterson v. Whitney

Appellate Court of Illinois

Decided December 14, 1896

Appellate Court of Illinois · decided 1896-12-14

<p>1. Trials—Finding of Judge Conclusive.—A finding by a judge trying a cause without a jury is as conclusive as a verdict of a jury, and being upon conflicting evidence, stands.</p>

Relies on Chicago, Peoria & St. Louis Railway Co. v. Wolf · Chapman v. Chapman · Schmitt v. Devine ex rel. United States Heater Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1896-12-14

How this case has been cited

Cited by 5 later decisions — most recently March 1942

5 state decisions

30189619001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2We pass by what is said in the brief of the appellant as to prejudice of the judge below. It is not argument to us.

¶3The assertions in the brief that one witness for the appellee “ was not telling the truth; ” another “ was deliberately lying; ” and that the testimony in favor of the appellant “ is consistent, reasonable and .honest; ” are assertions of the truth of which we have no means of judging.

¶4A finding by a judge trying a cause without a jury, is as conclusive as a verdict of a jury, and being upon conflicting evidence, stands. Keating v. Springer, 44 Ill. App. 547.

¶5The residue of the argument relates to the sufficiency of, and variance of the evidence from the declaration, but as all the abstracts tells us of the declaration is that it consisted “of special counts and common counts,” we omit consideration of the argument. Chapman v. Chapman, 129 Ill. 386; Chicago, Peoria & St. Louis Ry. v. Wolf, 137 Ill. 360; Schmitt v. Devine, 63 Ill. App. 289; Klass v. John Kaufman Brg. Co., Ibid. 319; Adams & Sons Co. v. Ellinger, Ibid. 479.

¶6The judgment appealed from is affirmed.

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