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Drehle v. Fleming

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eBook details

  • Title: Drehle v. Fleming
  • Author : Supreme Court of Illinois
  • Release Date : January 04, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Daisy Drehle, administrator of the estate of Carl W. Drehle, brought this wrongful death action in the circuit court of Will
County against Frances Fleming, administrator of the estate of Michael Fleming. The jury returned a verdict for the defendant,
judgment was entered on the verdict, and the plaintiff's amended post-trial motion was denied. The appellate court reversed
and remanded for a new trial (129 Ill. App.2d 166), and we granted leave to appeal. The new trial was granted by the appellate court on the ground that newly discovered evidence, which would have had a strong
likelihood of changing the result of the case, had not come to the attention of the attorney for the plaintiff until after
the trial was concluded because of the defendant's failure to comply with discovery procedures. The issue in this court is
the correctness of that ruling, and a brief statement of the situation as it existed in the trial court is necessary to an
understanding of that issue.


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