Palmer v. Weir

Decision Date30 September 1869
Citation1869 WL 5442,52 Ill. 341
PartiesIRA A. PALMERv.WILLIAM S. WEIR et al.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Warren county; the Hon. ARTHUR A. SMITH, Judge, presiding.

Messrs. STEWART & PHELPS, for the appellant.

Mr. JAMES STRAIN, for the appellees.

Mr. JUSTICE LAWRENCE delivered the opinion of the Court:

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This was an action for the value of materials furnished and labor performed by the plaintiffs for the defendant. The jury found a verdict for the plaintiffs for $540, which the appellant insists is too large. We have carefully examined the evidence, and find it altogether too uncertain and contradictory to justify us in setting aside the verdict as clearly against its weight. The parties were all sworn, and it belonged to the jury to weigh this conflicting testimony. There is no question of law presented by the record, and it would answer no good purpose to review the evidence.

Judgment affirmed.

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7 cases
  • Flansburg v. Basin
    • United States
    • United States Appellate Court of Illinois
    • 31 Diciembre 1878
    ...44 Ill. 306; Hope Ins. Co. v. Lonegan, 48 Ill. 49; Sawyer v. Daniels, 48 Ill. 269; C. F. R. & B. Co. v. Jameson, 48 Ill. 281; Palmer v. Weir, 52 Ill. 341; Varner v. Varner, 69 Ill. 445; Kightlinger v. Egan, 75 Ill. 141; Chapman v. Burt, 77 Ill. 337; Summers v. Stark, 76 Ill. 208; T. W. & W.......
  • Munson v. Osborn
    • United States
    • United States Appellate Court of Illinois
    • 31 Marzo 1882
    ...44 Ill. 306; Hope Ins. Co. v. Lonergan, 48 Ill. 49; Sawyer v. Daniels, 48 Ill. 269; Sherman v. C. & M. R. R. Co., 48 Ill. 523; Palmer v. Weir, 52 Ill. 341. Upon the rule of construction of contracts: Leavers v. Cleary, 75 Ill. 349; Thomas v. Wiggins, 41 Ill., 470; Gale v. Dean, 20 Ill. 320;......
  • Town of Carthage v. Buckner
    • United States
    • United States Appellate Court of Illinois
    • 30 Noviembre 1880
    ...of evidence, it should not be disturbed by this court: Chicago R'y Co. v. Young, 62 Ill. 238; O'Brien v. Palmer, 49 Ill. 72; Palmer v. Weir, 52 Ill. 341; City of Peru v. French, 55 Ill. 317; Fish v. Roseberry, 22 Ill. 288. DAVIS, J. This case was before us at the May term, 1879, on substant......
  • Donnan v. Bang
    • United States
    • United States Appellate Court of Illinois
    • 28 Febrero 1879
    ...Ill. 396; Niehoff v. Dudley, 40 Ill. 406. A verdict will not be disturbed unless it is manifestly against the weight of evidence: Palmer v. Wier, 52 Ill. 341; Davis v. Hoeppner, 44 Ill. 306. Even if there be a slight preponderance against the verdict it will not be disturbed: Bloomer v. Den......
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