Opinion
Gen. No. 40,859. (Abstract of Decision.)
Opinion filed February 14, 1940. Rehearing denied March 12, 1940.
NEW TRIAL, § 31 — insufficiency of record to warrant. In action for assault and battery where jury was directed to bring in a sealed verdict, and before verdict was opened counsel for defendant stated to the court that someone had telephoned his client the night before and told him a verdict against him for $500 had been rendered, and this was the verdict returned, since information given by counsel was not under oath and no damage was alleged or shown, and record did not show new trial granted for reasons having no bearing on the real issues, lower court improperly granted defendant a new trial.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. N.J. BONELLI, presiding. Reversed and judgment here. Heard in third division, first district, at October term, 1939; opinion filed February 14, 1940; rehearing denied March 12, 1940.
Charles Liebman and Emerson C. Whitney, for appellant;
Michael M. Phillips and Raymond I. Suekoff, for appellee.
"Not to be published in full."