Reports of Cases Determined in the Appellate Courts of Illinois Volume 191

Reports of Cases Determined in the Appellate Courts of Illinois Volume 191

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...not incorrect, it did not state the whole of the question involved, in its application to the case. The appellec claimed that there was an express agreement between her and the appellant, by which she was to receive a definite amount of wages for her services; and if this was proven, the implication suggested by the instruction would not arise to defeat her right of recovery under the express contract. The modification broadened the scope of the instruction to meet this additional element, which was a part of the controversy and was therefore proper. The refused instruction which the appellant presented to the court to be given to the jury does not accurately state the law as applicable to the controversy. The appellee might have resided with the appellant as a member of her family, and received care, support and attention as such, and no charge be made for such care, support and attention by appellant, yet at the same time she might also have had an express agree ment with appellant, as she claims she did, to receive a certain amount of pay for the work she was to perform for appellant. Under this instruction, even though the greater weight of the evidence should show that appellee had such an agreement, she would not be entitled to receive a verdict in her favor. The instruction was therefore properly refused. But it is insisted that the court should have granted a new trial on account of newly-discovered evidence, which is set forth in the affidavits of G. C. Seddon and A. H. Eifert. In order to entitle a party to a new trial on the ground of newly-discovered evidence, it must clearly appear that the party could not have procured such evidence at the previous trial, by the exercise of reasonable diligence. In the case of Wright 12....
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Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236991370
  • 9781236991379