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STOBBS v. CUMBY

Gen. No. 10,012.

9 Ill. App.2d 138 (1956)

132 N.E.2d 448

Margaret Nell Stobbs, Executor of Last Will and Testament of Clarence Elvin Nell, Deceased, Plaintiff-Appellee, v. Ray Cumby, Clarence C. Hatcher and Thomas S. Smith & Sons, Inc., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Released for publication March 12, 1956.

Attorney(s) appearing for the Case

Rinaker, Smith & Hebron, of Carlinville, and Julian Hutchens, of White Hall, for defendants-appellants.

W.O. Harp, of Roodhouse, and L.A. Mehrhoff, of Carrollton, for plaintiff-appellee.

JUDGE REYNOLDS delivered the opinion of the court.

This case comes to this court on a petition for leave to appeal from the order granting a new trial in the Circuit Court of Greene County, Illinois. The jury found the defendants "Not Guilty" and the trial court granted a new trial solely on the ground that the verdict was against the manifest weight of the evidence, stating that there were no other errors in the trial of the case.

The suit was brought by...

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