City of Chicago v. Wohlbach

Illinois Supreme Court

City of Chicago v. Wohlbach

147 N.E. 121, 316 Ill. 203

CourtIllinois Supreme Court

DecidedFebruary 17, 1925

DocketNo. 16357. Judgment affirmed.

StatusPublished

Cited by3 cases

This text of 147 N.E. 121 (City of Chicago v. Wohlbach) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Chicago v. Wohlbach, 147 N.E. 121, 316 Ill. 203 (Ill. 1925).

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Opinion

Mri Justice Thompson

delivered the opinion of the court:

The city of Chicago, in a certain proceeding to widen Western avenue, condemned the property here involved. Clara M. Smith, appellee, was the owner of the property and George A. Carelin was the tenant. A judgment of condemnation was entered and the compensation fixed at $15,000. Appellant filed an intervening petition in said proceedings, asking that the value of his lease be fixed and that he be awarded his proportion of the $15,000. The answer of appellee was filed and evidence taken. The jury found that the lease was of no value and a judgment was entered on this verdict. This appeal followed.

Appellant contends that improper evidence was admitted on behalf of appellee and that proper evidence on his behalf was rejected; that erroneous instructions were given on behalf of appellee; and that the verdict of the jury is contrary to the weight of the evidence. Such questions must be preserved in a bill of exceptions, and this court cannot review the questions unless there is incorporated in the record filed a bill of exceptions containing all of the evidence and all of the instructions. There is what purports to be a bill of exceptions attached to the record filed in this case, but it is not certified by the clerk as a part of the record. For that reason we are precluded from consideration of the only questions urged by appellant.

The judgment is affirmed. T , , , J 0

T , J 0 Judgment affirmed.

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Mri Justice Thompson

delivered the opinion of the court:

The city of Chicago, in a certain proceeding to widen Western avenue, condemned the property here involved. Clara M. Smith, appellee, was the owner of the property and George A. Carelin was the tenant. A judgment of condemnation was entered and the compensation fixed at $15,000. Appellant filed an intervening petition in said proceedings, asking that the value of his lease be fixed and that he be awarded his proportion of the $15,000. The answer of appellee was filed and evidence taken. The jury found that the lease was of no value and a judgment was entered on this verdict. This appeal followed.

Appellant contends that improper evidence was admitted on behalf of appellee and that proper evidence on his behalf was rejected; that erroneous instructions were given on behalf of appellee; and that the verdict of the jury is contrary to the weight of the evidence. Such questions must be preserved in a bill of exceptions, and this court cannot review the questions unless there is incorporated in the record filed a bill of exceptions containing all of the evidence and all of the instructions. There is what purports to be a bill of exceptions attached to the record filed in this case, but it is not certified by the clerk as a part of the record. For that reason we are precluded from consideration of the only questions urged by appellant.

The judgment is affirmed. T , , , J 0

T , J 0 Judgment affirmed.

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147 N.E. 121, 316 Ill. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-chicago-v-wohlbach-ill-1925.

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