Taylor v. Bailey

Decided February 9, 1897

Appellate Court of Illinois · decided 1897-02-09

<p>1. Judgment—When the Appellate Court will not Reverse.— Where the plaintiffs are clearly entitled, under the evidence, to the judgment recovered, the Appellate Court will not interfere, although the instructions were not in strict accord with the law.</p>

Affirmed · Decided 1897-02-09

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2Appellant contends that the purchase made for him was to enable him to gamble; that in this design he was knowingly aided by appellee, and that therefore no recovery can be had.

¶3It is sufficient to say that we find in the record no warrant for such contention. Appellant did not see fit to himself testify as to the transaction, or to introduce any evidence.

¶4The plaintiffs were clearly entitled, under the evidence, to the judgment they obtained, and it is not now very important whether the instructions to the jury were in strict accord with the law.

¶5The judgment of the Circuit Court is affirmed.