Appellate Court of Illinois, 1915

Johnson v. Goldberg

Appellate Court of Illinois · Decided October 5, 1915 · Barnes

195 Ill. App. 25; 1915 Ill. App. LEXIS 206

Opinion of the Court

Mr. Justice Barnes

delivered the opinion of the court.

Abstract of the Decision. 1. Appeal and error, § 1402*—when verdict not sustained. A verdict so inconsistent with the theory of the suit and instructions, and so irreconcilable with the evidence that it cannot be deemed otherwise than a mere compromise cannot be sustained on appeal. 2. Municipal Court of Chicago, § 13*—when variance is material. A plaintiff cannot make one claim in his statement of claim and recover on an entirely different claim.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.