Case Details

Forester and Funkhouser v. Guard, Siddell, & Co.

Case # 000040, 000789

Appellant/Plaintiff

John Forrester, Robert R. Funkhouser

Appellee/Defendant

Timoth Guard, John Siddall, John Choisser, under Guard, Siddall, & Co

Appellant/Plaintiff Attorneys

Not Listed

Appellee/Defendant Attorneys

Not Listed

County of Origin

Gallatin County

Justice

Justice Thomas Reynolds

Terms of Court

November 1823

Type of Case

Trespass on the Case

Disposition

Affirmed

Citation

1 Ill 74

Case Summary

Guard, Siddall and Co. sued Forrester and Funkhouser to recover a debt. The circuit court ruled for Guard, Siddall and Co. Forrester and Funkhouser appealed the judgment. The Illinois Supreme Court affirmed the lower court's judgment on the reason that the court below did not err in granting a new trial despite the reliance on a questionable reason. While acknowledging an improper disclosure of jurors' post-withdrawal statements, the court found it insufficient to impeach the verdict. The lack of specific details in an affidavit regarding new testimony was noted, but as there were other grounds for a new trial, the judgment was affirmed, indicating the court's approval of the decision.