First Nat. Bank v. Road Dist. No. 8

Full title: First National Bank of Jonesboro, Illinois, Appellee, v. Road District No…

Court: Appellate Court of Illinois

Date published: Feb 6, 1946

328 Ill. App. 122 (Ill. App. Ct. 1946)

65 N.E.2d 396

Opinion

Term No. 4,305. (Abstract of Decision.)

Opinion filed February 6, 1946 Rehearing denied March 15, 1946 Released for publication March 16, 1946

APPEAL AND ERROR, § 1391^_ — when decree will not be reversed on account of incompetent evidence. Where competent evidence is sufficient to uphold decree, same will not be reversed on account of admission of incompetent evidence, as presumption is that chancellor did not consider evidence which was incompetent in arriving at his decision.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Union county; the Hon. D.F. RUMBET, Judge, presiding.

Affirmed. Heard in this court at the October term, 1945.

Paul D. Reese, for appellants;

R. Wallace Karraker, for appellee.

Opinion by PRESIDING JUSTICE STONE.

Not to be published in full. Opinion filed February 6, 1946; rehearing denied March 15, 1946; released for publication March 16, 1946.