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HERBST v. PAUL

Gen. No. 10,381.

339 Ill. App. 301 (1950)

89 N.E.2d 843

Clifford L. Herbst, Appellant, v. Roy C. Paul, Appellee.

Appellate Court of Illinois.

Rehearing denied February 7, 1950.

Released for publication February 9, 1950.

Attorney(s) appearing for the Case

JOSEPH R. ROSBOROUGH, of Moline, for appellant.

EDWARD C. SCHOEDE, of Rock Island, for appellee.

MR. PRESIDING JUSTICE WOLFE delivered the opinion of the court.

Clifford L. Herbst brought a suit before a justice of the peace in Moline township in Rock Island county, Illinois, to recover damage to his automobile, which he claimed was caused by the defendant, Roy C. Paul. The case went to trial and the plaintiff introduced his evidence, then the defendant started to testify. During the defendant's testimony it was discovered that neither the plaintiff, nor the...

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