Chittenden v. Evans
Citation | 1868 WL 5046,48 Ill. 52 |
Parties | LEVERETT S. CHITTENDENv.JOHN EVANS. |
Decision Date | 30 September 1868 |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of DuPage county; the Hon. SILVANUS WILCOX, Judge, presiding.
The opinion states the case.
Mr. CHARLES WHEATON, for the appellant.
Mr. CHARLES BLANCHARD, for the appellee.
This was an action brought by appellant, before a justice of the peace, against appellee, for the recovery of a colt. The trial before the justice of the peace, resulted in a judgment in favor of defendant. The case was removed, by appeal, to the Circuit Court of Kendall county, and the venue was subsequently changed to DuPage county, where a trial was had before the court and a jury, with the same result. The case is brought to this court by appeal, and a reversal is asked on several grounds.
It is first insisted, that the court below erred in changing the verdict after it was brought into court by the jury. The verdict upon which the judgment is rendered is formal in all respects. But at another page of the record, it appears that the jury returned a verdict not altogether formal, and the clerk was ordered to put it in form. It appears that the affidavit on which the writ issued, alleged that appellant was the owner of the colt; and the verdict, as returned by the jury, found the issue for appellee. This was substantially responsive to the issue, so far as we can see, and we are not prepared to hold that it would not have supported the judgment without alteration. But by the twenty-fourth section of the practice act it is declared that, “It shall be sufficient for the jury to pronounce their verdict, by their foreman, in open court, without reducing the same to writing, and the clerk shall enter the same, in form, under the direction of the court.” Under this provision it is believed to have been the uniform practice in the courts of this State, ever since the adoption of this act, to have verdicts, substantially good but defective in form, reduced to proper form by the clerk, under the direction of the court. Nor do we see that any possible injury can result from such practice. If not satisfactory to the party against whom it is rendered, and he desires to present the question, whether the change is substantial, he should raise and preserve the question in a bill of exceptions. Appellant has failed to do so in this case, and he can not raise the question, for...
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