{
  "id": 2578399,
  "name": "Supreme Council American Legion of Honor v. James D. Stewart et al.",
  "name_abbreviation": "Supreme Council American Legion of Honor v. Stewart",
  "decision_date": "1903-03-02",
  "docket_number": "",
  "first_page": "605",
  "last_page": "606",
  "citations": [
    {
      "type": "official",
      "cite": "106 Ill. App. 605"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "92 Ill. App. 514",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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      "case_paths": [
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    {
      "cite": "169 Ill. 294",
      "category": "reporters:state",
      "reporter": "Ill.",
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        3184816
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      "case_paths": [
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    {
      "cite": "78 Ill. App. 675",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5790548
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      "case_paths": [
        "/ill-app/78/0675-01"
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    {
      "cite": "40 Ill. App. 441",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5023189
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/40/0441-01"
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    },
    {
      "cite": "27 Ill. App. 387",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        4951433
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/27/0387-01"
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  "analysis": {
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  "last_updated": "2023-07-14T14:58:38.770440+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Supreme Council American Legion of Honor v. James D. Stewart et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Creighton\ndelivered the opinion of the court.\nThis was an action of assumpsit, in the Circuit Court of Massac County, by appellees against appellant, to recover on a certificate of life insurance. Jury waived. Trial by the court without a jury. Finding and judgment in favor of appellees for $3,125.61.\nThe declaration is in the usual form, setting out the benefit certificate sued on, in haee verba. To this declaration appellant pleaded the general issue, and the parties stipulated that all evidence tending to establish right of action or defense might be introduced.\nifo propositions to be held as law were submitted to the court by either party, nor were any questions of either law or fact raised in the trial court, by motion for new trial.\n\u201c Where a case is tried without a jury and no propositions of law are submitted to be held by the court, it will be presumed that all questions of law were correctly decided.\u201d Davies v. Phillips, 27 Ill. App. 387. \u201cWhere the trial is by the court without a jury, no question of law properly arises on appeal unless propositions of law have been submitted to the trial court.\u201d Allison v. Leslie, 40 Ill. App. 441; Boehm v. Griebenow, 78 Ill. App. 675; Smith v. Billings, 169 Ill. 294. When a case is tried by the court without a jury, and the competent evidence strongly tends to support the finding and judgment, \u201cif there has been any incompetent evidence admitted, the presumption is that the court, .in passing upon the issues, ignored it.\u201d Mallers v. Crane Co., 92 Ill. App. 514.\nThis record presents no question for our determination, except as to the weight of the-evidence relative to ttm issues of fact involved, and in this respect we find no material error.\nThe judgment of the Circuit Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Creighton"
      }
    ],
    "attorneys": [
      "Charles M. Fouts, attorney for appellant.",
      "C. L. V. Mulkey and James C. Courtney, attorneys for appellees."
    ],
    "corrections": "",
    "head_matter": "Supreme Council American Legion of Honor v. James D. Stewart et al.\n1. Presumptions\u2014Where a Cas\u00e9is Tried Without a Jury and No Propositions Of Law are Submitted.\u2014Where a case is tried without a jury and no propositions of law are submitted to be held by the court, it will be presumed that all questions of law were correctly decided, and no question of law properly arises on appeal.\n2. Same\u2014As to Incompetent Evidence Where Case is Tried Without a Jury.\u2014When a case is tried by the court without a jury, and the competent evidence strongly tends to support the finding and judgement, if there has been any incompetent evidence admitted, the presumption is that the court, in passing upon the issues, ignored it.\nAssumpsit, on a certificate of life insurance. Appeal from the Circuit Court of Massac County; the Hon. Oliver A. Harker, Judge presiding. Heard in this court at the August term, 1902.\nAffirmed.\nOpinion filed March 2, 1903.\nCharles M. Fouts, attorney for appellant.\nC. L. V. Mulkey and James C. Courtney, attorneys for appellees."
  },
  "file_name": "0605-01",
  "first_page_order": 629,
  "last_page_order": 630
}