Fitzgerald v. Hager, 64 Ill. App. 385 (1896)

June 1, 1896 · Illinois Appellate Court

64 Ill. App. 385

William Fitzgerald v. Frederick Hager, Adm’r of Theodore Karls.

1. Appellate Court Practice—Instructions not Shown by the Record.—Where the instructions given to the jury are not shown by the record, the only question to be determined Is whether the evidence warrants the verdict.

Assumpsit, for professional services. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding.

Heard in this court at the March term, 1896.

Affirmed.

Opinion filed June 1, 1896.

W. P. Black, attorney for appellant.

Doolittle, Tolman & Pollasky, attorneys for appellee.

Mr. Presiding Justice Gary

delivered the opinion of the Court.

The appellee is administrator of Theodore Karls, late an architect in Chicago, who commenced this suit in his lifetime to recover for professional services alleged to have been rendered by him to the appellant. The evidence was conflicting; by consent the court instructed the jury orally; how is not shown; and therefore the only question that could be in the case is whether the evidence warrants the verdict.

The most deliberate and solemn piece of evidence in the case, is an extract from a bill in chancery, filed and s.worn to by the appellant, which accords with the verdict, and it is impossible for this court to say that the jury ought not to have believed it.

The judgment is affirmed.