Sutherland v. White, 201 Ill. App. 47 (1915)

Oct. 13, 1915 · Illinois Appellate Court
201 Ill. App. 47

Anna E. Sutherland, Appellant, v. George C. White, Appellee.

(Not to he reported in full.)

Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Heard in this court at the April term, 1915.

Affirmed.

Opinion filed October 13, 1915.

Statement of the Case.

Action by Anna E. Sutherland, plaintiff, against George C. White, defendant, on a contract for services rendered by the plaintiff in support of the mother of the parties. From a judgment against her, the plaintiff appeals.

Livingston & Bach and S. P. Robinson, for appellant.

*48Abstract of the Decision.

Appeal and error, § 1466 * —when admission of evidence harmless error. In an action by one of two tenants in common against the other, based on an alleged promise of the defendant to pay the plaintiff at a certain rate for the latter’s supporting their mother, held that the admission of evidence in support of the defendant’s set-off, based upon an alleged overpayment by him to the plaintiff in settlement of their respective rights to the income of the property held in common, was harmless error where the jury found the issue for the plaintiff on such set-off.

Weltt, Sterling & Whitmore, for appellee.

Mr. Justice Graves

delivered the opinion of the court.