Bowlan v. Lambka

Appellate Court of Illinois

Bowlan v. Lambka

57 Ill. App. 334, 1894 Ill. App. LEXIS 288

CourtAppellate Court of Illinois

DecidedFebruary 12, 1895

StatusPublished

Cited by6 cases

This text of 57 Ill. App. 334 (Bowlan v. Lambka) 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.

Bluebook

Bowlan v. Lambka, 57 Ill. App. 334, 1894 Ill. App. LEXIS 288 (Ill. Ct. App. 1895).

Pincite

Opinions

Mr. Justice Gary

delivered the opinion of the Court.

The appellee sued the appellant in assumpsit. Were we permitted to read affidavits and a bill of particulars which the clerk has copied into the transcript, but which are not in the bill of exceptions, we might conclude that the suit was to recover money which the appellee had paid as surety for the appellant, and that the appellant had no good defense to the suit; but whatever outside of the common law record, viz., the summons and return, declaration, pleadings subsequent thereto, verdict and judgment, an appellant in a case at law desires the judgment of an appellate court upon, must be contained in a bill of exceptions, or he will fail in his purpose. Hess v. Dawson, 51 Ill. App. 146; Baldwin v. McClelland, 50 Ill. App. 645.

We may not examine whether the affidavit of appellee as to claim, or the affidavit of the appellant as to his defense, was good, and therefore affirm the judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Gary

delivered the opinion of the Court.

The appellee sued the appellant in assumpsit. Were we permitted to read affidavits and a bill of particulars which the clerk has copied into the transcript, but which are not in the bill of exceptions, we might conclude that the suit was to recover money which the appellee had paid as surety for the appellant, and that the appellant had no good defense to the suit; but whatever outside of the common law record, viz., the summons and return, declaration, pleadings subsequent thereto, verdict and judgment, an appellant in a case at law desires the judgment of an appellate court upon, must be contained in a bill of exceptions, or he will fail in his purpose. Hess v. Dawson, 51 Ill. App. 146; Baldwin v. McClelland, 50 Ill. App. 645.

We may not examine whether the affidavit of appellee as to claim, or the affidavit of the appellant as to his defense, was good, and therefore affirm the judgment.

Cite This Page — Counsel Stack

Bluebook (online)

57 Ill. App. 334, 1894 Ill. App. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowlan-v-lambka-illappct-1895.

Opinions

Related

Cite This Page — Counsel Stack