Cowhick v. Gunn

Illinois Supreme Court

Cowhick v. Gunn

3 Ill. 417

DecidedDecember 15, 1840

StatusPublished

This text of 3 Ill. 417 (Cowhick v. Gunn) 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

Cowhick v. Gunn, 3 Ill. 417 (Ill. 1840).

Pincite

Opinion

The Court sustained the motion to strike the cause from the docket, and overruled the cross motion for a rule against the clerk below, upon the ground that the record filed, not being under the seal of the Court, was a nullity, and that the cross motion was in the nature of a motion for a writ of certiorari to amend the record, as in case of a diminution of record; which can only be granted in a case where a record is properly authenticated, but is defective in some of its parts.

It is the seal that gives authenticity to the proceedings of a court of record.

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The Court sustained the motion to strike the cause from the docket, and overruled the cross motion for a rule against the clerk below, upon the ground that the record filed, not being under the seal of the Court, was a nullity, and that the cross motion was in the nature of a motion for a writ of certiorari to amend the record, as in case of a diminution of record; which can only be granted in a case where a record is properly authenticated, but is defective in some of its parts.

It is the seal that gives authenticity to the proceedings of a court of record.

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Bluebook (online)

3 Ill. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowhick-v-gunn-ill-1840.