Stevens v. Brown

Illinois Supreme Court
Stevens v. Brown, 58 Ill. 289 (Ill. 1871)
Thornton

Stevens v. Brown

Opinion of the Court

Mr. Justice Thornton

delivered the opinion of the Court:

This was an action on the case, for an alleged injury to native cattle, by Texas cattle, in possession of appellant.

The judgment was for appellee, in the circuit court.

The validity of the act of February 27th, 1867, prohibiting the importation and possession of Texas and Cherokee cattle, is disputed. This has been decided by this court. Yeazel v. Alexander et al. ante, p. 254.

The evidence sustains the judgment of the court below. Under the numerous rulings of this court, even if we had doubts as to the sufficiency of the proof, we should not disturb the finding.

The judgment must be affirmed.

Judgment affirmed.

Reference

Full Case Name
Benjamin F. Stevens v. David F. Brown
Cited By
1 case
Status
Published
Syllabus
1. Constitution—validity of Texas cattle law. In this case the validity of the act of the 37th of February, 1867, which prohibits the importation and possession of Texas and Cherokee cattle in this State, was questioned, as being repugnant to the constitution: Held, as in the case of Yeazel v. Alexander, ante, that the law is valid. 3. New trial—verdict against the evidence, The court will not disturb a judgment, simply because there maybe doubts as to the sufficiency of the evidence to sustain the finding.