Moses v. Jacobsohn, 197 Ill. App. 413 (1916)

Jan. 11, 1916 · Illinois Appellate Court · Gen. No. 21,069
197 Ill. App. 413

Albert Moses, Defendant in Error, v. Lazar Jacobsohn, Plaintiff in Error.

Gen. No. 21,069.

(Not to be reported in full.)

Error to the Municipal Court of Chicago;. the Hon, John K. Prindiville, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1915.

Affirmed.

Opinon filed January 11, 1916.

Statement of the Case.

Albert Moses, plaintiff, brought an attachment suit against Lazar Jacobsohn, defendant, on the ground that defendant was a nonresident of the State and owed plaintiff a sum of money. The defendant put in a general appearance. On judgment for the plaintiff for damages and costs, the defendant brings error.

William M. Lawton and H. C. Lindsey, for plaintiff in error; Maxwell R. Herman, of counsel.

*414Abstract of the Decision.

Appeal and error, § 1301*when presumed trial court heard evidence to support judgment. Where in an attachment suit the record shows that the trial court heard evidence and found against the defendant both as to the attachment and the merits of the action, but entered judgment on the main issues only the reviewing court will, in the absence of a bill of exceptions, presume that the trial court heard sufficient evidence to support the judgment, and it is immaterial whether any judgment was entered on the attachment issue.

Samuels & Samuels, for defendant in error.

Mr. Justice Barnes

delivered the opinion of the court.