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79 Ill. App. 413

Drake v. Sherman

Appellate Court of Illinois

Decided December 2, 1898

Appellate Court of Illinois · decided 1898-12-02

<p>I. Appellate Court Practice—Reversed Oases.—Where a case has been reversed and remanded for further proceedings in the trial court, and if such proceedings are conformable to the views of this court as expressed in the opinion, the case will be affirmed on the second appeal.</p>

Relies on Drake v. Sherman

Affirmed · Decided 1898-12-02

Mr. Presiding Justice Burroughs

¶1delivered the opinion of the court.

¶2This cause was before this court at a former term, and is reported as Drake et al. v. Sherman et al., 67 Ill. App. 440. We then reversed the decree that had been entered therein by the Circuit Court of Moultrie County, and remanded the cause generally to that court, where a hearing was again had and upon the identical same pleadings and evidence as before.

¶3The decree rendered after the second hearing is by this appeal sought to be reversed by both the appellants and the appellees as before, and on assignments of errors and cross-errors that are like those assigned when the first decree was before us, as above stated.

¶4We have again fully considered these assigned errors and cross-errors and the evidence contained in the record, and upon examination of the second decree find that it now conforms to the views of this court as expressed in the opinion delivered on the first appeal, which views we find no reason to change.

¶5The decree appealed from herein is affirmed.

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