Conlon v. Manning

Appellate Court of Illinois

Conlon v. Manning

43 Ill. App. 363, 1891 Ill. App. LEXIS 364

CourtAppellate Court of Illinois

DecidedDecember 7, 1891

StatusPublished

Cited by6 cases

This text of 43 Ill. App. 363 (Conlon v. Manning) 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

Conlon v. Manning, 43 Ill. App. 363, 1891 Ill. App. LEXIS 364 (Ill. Ct. App. 1891).

Pincite

Opinion

Per Curiam.

In this appeal there is no assignment of errors on the record or elsewhere on any paper in the case. Rule 15 of this court requires that the appellant or plaintiff in error shall in all cases assign errors at the time of filing his record in this court, and on failing to do so the case may be dismissed. * •», * This assignment of errors and cross-errors must be written upon or attached to the record. It was said in Williston v. Fisher, 28 Ill. 43, “An assignment of errors in this court performs the same office as a declaration in a court of original jurisdiction. It would be just as regular and proper for the Circuit Court to render a judgment in a cause where there is no declaration, as for the court to affirm or' reverse a judgment where there is no assignment of errors.”

In Ditch v. Sennott, 116 Ill. 288, it was said; “ The failure to assign errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance; and should the court, for instance, inadvertently reverse a case for an error not assigned, it would feel com-polled on motion to set aside its judgment.” See also Harrison v. Waixal, 35 Ill. App. 511.

We have no power to consider any question in the case, therefore the appeal will be dismissed.

Appeal dismissed.

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Per Curiam.

In this appeal there is no assignment of errors on the record or elsewhere on any paper in the case. Rule 15 of this court requires that the appellant or plaintiff in error shall in all cases assign errors at the time of filing his record in this court, and on failing to do so the case may be dismissed. * •», * This assignment of errors and cross-errors must be written upon or attached to the record. It was said in Williston v. Fisher, 28 Ill. 43, “An assignment of errors in this court performs the same office as a declaration in a court of original jurisdiction. It would be just as regular and proper for the Circuit Court to render a judgment in a cause where there is no declaration, as for the court to affirm or' reverse a judgment where there is no assignment of errors.”

In Ditch v. Sennott, 116 Ill. 288, it was said; “ The failure to assign errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance; and should the court, for instance, inadvertently reverse a case for an error not assigned, it would feel com-polled on motion to set aside its judgment.” See also Harrison v. Waixal, 35 Ill. App. 511.

We have no power to consider any question in the case, therefore the appeal will be dismissed.

Appeal dismissed.

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Bluebook (online)

43 Ill. App. 363, 1891 Ill. App. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conlon-v-manning-illappct-1891.

Opinion

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