Faulk v. Kellums
| Decision Date | 30 June 1870 |
| Citation | 1870 WL 6286,54 Ill. 188 |
| Parties | JAY N. FAULKv.JOHN W. KELLUMS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Clay county; the Hon. RICHARD S. CANBY, Judge, presiding.
The opinion states the case.
Mr. W. B. COOPER, for the appellant.
Mr. O. B. FICKLIN, for the appellee.
This was an action of trespass on the case on promises, brought to the Effingham circuit court by John W. Kellums, against Jay N. Faulk and Andrew M. Kirkpatrick, on a promissory note. Both defendants were duly served with process. Faulk alone pleaded to the action, non-assumpsit, and a plea sworn to, that he did not execute the note. The defendants then filed their petition for a change of venue, both signing the same, and both making affidavit of its truth, and the venue was changed to the county of Clay, where a trial was had on the issues made on the pleas of Faulk, and a verdict returned for the plaintiff for the amount of the note and interest, being $4493.
On exception taken by the defendant to the form of this verdict, the court, in presence of the jury, and with their assent, put it in this form: “We, the jury, find in favor of the plaintiff, and assess his damages at the sum of $4493.”””
This was also excepted to by the defendant. A motion was then made by the defendants, “by their counsel,” for a new trial, and in arrest of judgment, which motions were severally denied, to which “the defendants, by their counsel,” excepted.
Then follows this entry: “whereupon the court enters judgment upon the verdict, and now come the said defendants, by their attorneys, and pray an appeal, which is granted,” etc.
On the same day, after the order allowing an appeal, is this entry on the record: “And again come the defendants, by their attorneys, and move the court that judgment be entered for the defendants, non obstante veredicto,” which motion was overruled and exception taken.
The appeal bond recites a judgment against the above bounden Jay N. Faulk, impleaded with Andrew M. Kirkpatrick, for the sum of $4493.
To reverse the judgment Faulk appeals, assigning various errors, the most of which go to the action of the court on questions of objection to certain testimony, raised by appellant. It was a case in which great latitude of examination and cross-examination was allowable, forgery being charged on the one party, and perjury on the other.
It is impossible, in such cases, to mark out by definite boundaries, the field of inquiry proper to be traversed, and in our examination of the extent to which witnesses were permitted to go, and the topics started for inquiry, we find nothing on either side calling for the exercise of the supervisory power of this court. Nor do we find any substantial objections to the manner in which the court disposed of the instructions, or putting the verdict in form. We give no opinion on the motion for a new...
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......Wells v. Hogan, Breese, 337; Foster v. Jared, 12 Ill. 451;Minkhart v. Hankler, 19 Ill. 47.[253 Ill. 219]In the cases of Faulk v. Kellums, 54 Ill. 188, and City of Alton v. Heidrick, 248 Ill. 76, 93 N. E. 386, we held that the judgment entries were wrong, not because they ......
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Jansen v. Grimshaw
......18;Schuler v. Israel, 27 Fed. Rep. 851; People v. Harrison, 82 Ill. 84;Byers v. Bank, 85 Ill. 423;Felsenthal v. Durand, 86 Ill. 230;Faulk v. Kellums, 54 Ill. 188;Goodale v. Cooper, 6 Bradw. 81;Kimball v. Tanner, 63 Ill. 519. Even where the obligation is both joint and several, if the ......
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......Cooper, 6 Ill.App. 81;. Garland v. Peeney, 1 Ill.App. 108, 112; Davison. v. Hill, 1 Ill.App. 70; Davidson v. Bond, 12. Ill. 84; Faulk v. Kellums, 54 Ill. 188, 191;. Goit v. Joyce, 61 Ill. 489; Briggs v. Adams, 31 Ill. 486; Cairo & St. Louis R.R. Co. v. Easterly, 89 Ill. 156, 158; ......
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