Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 32;v. 62) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874. Excerpt: ... AGENCY. Agent Must Account For All He Receives. Continued. to raise money for the owner's benefit, and finally assigned the same absolutely for $4,500, for which the agent gave him credit on his books, but shortly afterward, professing to act on behalf of his principal, sold the securities for $5,000: Held, that he was bound to account to his principal for the full amount received by him. Mason, Ex'or. et a v. JBauman, 76. ALLEGATIONS AND PROOFS. See PLEADING AND EVIDENCE, 1 to 4. AMENDMENTS. Power Of The Court Over The Record. During t/ce term. See JUDGMENTS, 3, 4. APPEALS. Appeal From Common Pleas Court Of Mattoon. 1. To the circuit court--manner of trying the same. The act creating this court gave an appeal to the circuit court of Coles County, in the same cases, to be taken and conducted in the same manner as appeals from the circuit to the supreme court, with this proviso, "provided, either party may introduce other and additional evidence upon the trial in the circuit court as in other cases." It was held that a party appealing under this act from a judgment against him, and failing to preserve the evidence heard on the trial in the common pleas court could not be allowed to introduce evidence on the trial of the appeal. Indianapolis and St. Louis Railroad Co. v. Miller, 468. 2. The manifest intention of such act is, that if the objection is to the finding of the jury, the evidence should be preserved in and made a part of the record by a bill of exceptions, and that the case should be tried in the circuit court on the bill of exceptions, and such additional evidence as the parties may introduce. When the evidence is not thus preserved there can be no trial on the evidence heard below, and there is no evidence in the record to which other evid...