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80 Ill. App. 367

Stern v. Glattstein

Appellate Court of Illinois

Decided December 12, 1898

Appellate Court of Illinois · decided 1898-12-12

Trespass on the Case, for seizure of personal property. Trial in the County Court of Cook County; the Hon. R. O. Marshall, Judge, pre- siding; finding and judgment for plaintiff; appeal by defendant.

Cited by 2 later decisions — most recently June 1904

2 state decisions

Relies on Illinois Central Railroad v. O'Keefe · Sands v. Kagey · Illinois Central Railroad v. Wheeler

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1898-12-12

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Mr. Justice Adams

¶1delivered the opinion of the court.

¶2This case was tried, by agreement, by the court, without a jury. Appellant contends that the finding is contrary to the evidence. The abstract filed by appellant states that the defendant (appellant here) excepted to the judgment. The bill of exceptions shows no such exception. In such case we are precluded from inquiring whether the finding of the court is sustained by the evidence. Ill. Cen. R. R. Co. v. O’Keefe, 154 Ill. 508; Seavey v. Seavey, 30 Ill. App. 625, 637.

¶3A motion for a new trial was made and overruled, and appellant excepted, but such motion, when a case is tried by the court, is unnecessary, and the exception to the overruling can not avail appellant. Sands v. Kagey, 150 Ill. 109; Dickinson v. Gray, 72 Ill. App. 55.

¶4Appellant’s counsel object to the form of the court’s finding, which is: “ The court finds the issues for the plaintiff, and assesses the plaintiff’s damages at the sum of $340.” An informal verdict does not vitiate. The finding is good in substance, and is sufficient under the statute of jeofails, and may be regarded as reduced to form. I. C. R. R. Co. v. Wheeler, 149 Ill. 525; Wiggins v. Chicago, 68 Ib. 372; Bates et al. v. Williams, 43 Ib. 494.

¶5The proposition, the refusal' of which appellant’s counsel complain of in their argument, relates merely to the sufficiency of the evidence, which,, as before stated, we can not consider on the record before us. There is no other question of law presented.

¶6The judgment will be affirmed.

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