[Download] "Bk Comp. Net. Corp. v. Cont. Ill. Natl Bk" by Reversed In Part And Remanded Illinois Appellate Court — First District (4Th Division) Affirmed In Part # eBook PDF Kindle ePub Free
eBook details
- Title: Bk Comp. Net. Corp. v. Cont. Ill. Natl Bk
- Author : Reversed In Part And Remanded Illinois Appellate Court — First District (4Th Division) Affirmed In Part
- Release Date : January 12, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
The plaintiff, Beverly Ashford, brought an action in the circuit court of Cook County pursuant to the Paternity Act (Ill. Rev. Stat. 1979, ch. 40, par. 1351 et seq.) to have the defendant, William Ziemann, declared to be the father of her daughter who was born on September 5, Page 356 1978. In the circuit court, the jury returned a verdict of non-paternity. The plaintiff appealed to the appellate court raising the following four issues: (1) whether the trial court erred in refusing to admit her daughters birth certificate into evidence; (2) whether the trial court should have excluded the testimony of one of the defense witnesses; (3) whether remarks made by defense counsel in closing argument were so prejudicial as to require reversal; and (4) whether the verdict was against the manifest weight of the evidence. The appellate court held that the "birth certificate constituted relevant and proper evidence, and that the trial court erred in refusing its admission." (110 Ill. App.3d 34, 38.) The appellate court also held that, since the defendant had "wilfully violated the supreme court rules governing discovery," the trial court had abused its discretion in refusing to bar the testimony of defense witness James Storz. (110 Ill. App.3d 34, 41.) The appellate court did not address the other two issues raised by the plaintiff because of its resolution of the first two issues, and because the court could not foresee that those two issues would arise on remand. The appellate court, with one justice dissenting, reversed the circuit court and remanded the cause for further proceedings consistent with its opinion. The defendant filed a petition for leave to appeal with this court (87 Ill.2d R. 315(a)), and we granted the petition.