# Board of Trustees of Town 13 South, Range 3 West v. Misenheimer

> Illinois Supreme Court · June 15, 1878 · 89 Ill. 151

URL: https://www.frixlaw.com/law-library/cases/6960162

## Case

- **Full name:** Board of Trustees of Town 13 South, Range 3 West v. Joshua L. Misenheimer
- **Court:** Illinois Supreme Court
- **Decided:** June 15, 1878
- **Citations:** 89 Ill. 151
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6960162

## Opinion text

Per Curiam : The bill of exceptions does not purport to contain all the evidence, and it is, therefore, impossible for us to say that the evidence below did not authorize the verdict returned by the jury. Ottawa Gaslight and Coke Company v. Graham, 35 Ill. 346 ; Buckland v. Goddard, 36 id. 206; Ballance v. Leonard, 37 id. 44; Esty v. Grant, 55 id. 341; Goodrich v. Minonk, 62 id. 121; Wilson v. McDowell, 65 id. 522; Culliner v. Nash, 76 id. 515; Henry v. Halloway, 78 id. 356.
It does not appear that any exception was taken at the time to the giving or refusing of instructions, nor to the overruling of the motion for a new trial. Any question, therefore, that might otherwise have been raised on these rulings, can not be considered. Grimes v. Butts, 65 Ill. 347 ; St. Louis, Alton and Terre Haute Railroad Company v. Dorsey, 68 id. 326; Brown v. Clement, id. 192; Seibel v. Vaughan, 69 id. 257.
The questions attempted to be discussed in appellants’ brief, can not, therefore, be considered.
The judgment is affirmed.
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6960162. Public record. Not legal advice.
