Wright v. Bolen, 184 Ill. App. 569 (1914)

Jan. 22, 1914 · Illinois Appellate Court · Gen. No. 18,519

184 Ill. App. 569

Oliver J. Wright, Defendant in Error, v. John L. Bolen, Plaintiff in Error.

Gen. No. 18,519.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Edwin K. Walker, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Affirmed on remittitur; otherwise reversed and remanded.

Opinion filed January 22, 1914.

Statement of the Case.

Action by Oliver J. Wright against John L. Bolen to recover for work and labor performed by the plaintiff as a carpenter and foreman for the defendant for certain periods of time stated in his statement of claim. From a judgment in favor of plaintiff for $858.70, defendant brings error.

Park Phipps, for plaintiff in error.

Gideon S. Thompson, for defendant in error.

* See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Fitch

delivered the opinion of the court.

Abstract of the Decision.

1. Master and servant, § 87 ^* —when defendant in suit for wages entitled to deduction of credits. In an action for wages a verdict in favor of plaintiff held too large in view of evidence showing that defendant was entitled to certain items as credits, and judgment was affirmed upon condition of remittitur.

2. Witnesses, § 33 ^* —competency of plaintiff’s wife to testify. In an action for wages where plaintiff testified that his wife on several occasions collected money for him from the defendant, held not error to permit plaintiff’s wife to testify to a conversation with the defendant concerning plaintiff’s account.

3. Appear and error, § 523 ^* —method of making objections to oral instructions. Improper on making objections to oral instructions to divide the oral charge into separate numbered paragraphs.