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Gant v. McDowell

Appellate Court of Illinois, First District
Dec 30, 1941
312 Ill. App. 378 (Ill. App. Ct. 1941)

Opinion

Gen. No. 41,347. (Abstract of Decision.)

Opinion filed December 30, 1941

TRIAL, § 254.3judgment non obstante veredicto, proper only where there is no evidence. In will contest, where the plaintiffs had made out a prima facie case, it was not permissible for the trial court on a motion for judgment non obstante veredicto to weigh the evidence, and if the court was of the opinion that the verdict was not sustained by a preponderance of the evidence it was his duty to set aside the verdict and order a new trial.

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

Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.

Decretal judgment entered December 18, 1939, reversed, and cause remanded with directions. Heard in second division, first district, this court at October term, 1940.

Jay Clifford McCally, for appellants;

William E. King and Theophilus M. Mann, for certain appellees.


REHEARING OPINION.


"Not to be published in full." Opinion filed December 30, 1941.


Summaries of

Gant v. McDowell

Appellate Court of Illinois, First District
Dec 30, 1941
312 Ill. App. 378 (Ill. App. Ct. 1941)
Case details for

Gant v. McDowell

Case Details

Full title:Ephian Gant et al., Appellants, v. William McDowell, Executor of Last Will…

Court:Appellate Court of Illinois, First District

Date published: Dec 30, 1941

Citations

312 Ill. App. 378 (Ill. App. Ct. 1941)
38 N.E.2d 530