Ballance v. Leonard
Illinois Supreme Court
Ballance v. Leonard, 37 Ill. 43 (Ill. 1865)
Breese
Ballance v. Leonard
Opinion of the Court
delivered the opinion of the court :
It has been again and again ruled by this court, that when a bill of exceptions does not purport to contain all the evidence, ■ the verdict of the jury will not be questioned. We cannot enquire in such case, if the verdict is supported by the evidence, but must presume that it is. Warner v. Carlton, 22 Ill., 422; Stickney et al. v. Cassell 1 Gilman, 420; Harris et al. v. Winer, 28 Ill., 138.
So with respect to Marshall’s deed, we cannot say, all the evidence not being before us, whether it was properly admitted or not.
Hor can we pass upon the instructions, as they are not incorporated into the record. The judgment must be affirmed.
Judgment affirmed,.
Reference
- Full Case Name
- Charles Ballance v. George Leonard
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Bile op Exceptions—must contain the evidence referred to. Where the bill of exceptions does not purport to contain all the evidence, the verdict of the jury will not be questioned. The court must, in such case, presume it is supported by the evidence. 2. Documentary Evidence—admission of. So in admitting documentary evidence, such as a deed, the court cannot say, without the evidence is on record, whether it was or not properly admitted. 3. Instructions—must be in bill of exceptions. This court cannot pass upon instructions, if they are not brought into the record.