Booth v. Marks

Appellate Court of Illinois

Booth v. Marks

54 Ill. App. 275, 1894 Ill. App. LEXIS 95

DecidedJuly 2, 1894

StatusPublished

This text of 54 Ill. App. 275 (Booth v. Marks) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Booth v. Marks, 54 Ill. App. 275, 1894 Ill. App. LEXIS 95 (Ill. Ct. App. 1894).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

The errors said to exist in the record of each of these cases are alleged to arise out of the evidence adduced upon the trial.

In each, the original instead of a copy of the bill of exceptions is certified here under a stipulation, which is that the bill of exceptions may be made a part of the record. Such a stipulation accomplishes nothing. The bill of exceptions is a part of the record without stipulation.

We have so often, called attention to the statute under which the original of a bill of exceptions may be inserted in the transcript of the record instead of a copy, that further reference thereto seems useless. The respective judgments are affirmed.

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Mr. Justice Waterman

delivered the opinion of the Court.

The errors said to exist in the record of each of these cases are alleged to arise out of the evidence adduced upon the trial.

In each, the original instead of a copy of the bill of exceptions is certified here under a stipulation, which is that the bill of exceptions may be made a part of the record. Such a stipulation accomplishes nothing. The bill of exceptions is a part of the record without stipulation.

We have so often, called attention to the statute under which the original of a bill of exceptions may be inserted in the transcript of the record instead of a copy, that further reference thereto seems useless. The respective judgments are affirmed.

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54 Ill. App. 275, 1894 Ill. App. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booth-v-marks-illappct-1894.