Howell, Millspaugh & Co. v. Morlan

Illinois Circuit Court

Howell, Millspaugh & Co. v. Morlan

3 Ill. Cir. Ct. 443

DecidedJuly 1, 1874

StatusPublished

This text of 3 Ill. Cir. Ct. 443 (Howell, Millspaugh & Co. v. Morlan) is published on Counsel Stack Legal Research, covering Illinois Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howell, Millspaugh & Co. v. Morlan, 3 Ill. Cir. Ct. 443 (Ill. Super. Ct. 1874).

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Opinion

Sheldon, J.: — •

In this case there was a motion to dismiss the appeal because there was no finding of judgment. The record proper merely shows a verdict, a motion for a new trial, and then a prayer for an appeal. It does not show that any judgment was rendered upon the verdict. It is true the bill of exceptions sets forth that a judgment was entered, but the statements of a bill of exceptions cannot supply the want of a judgment entered on the record proper. The motion will be allowed, and the appeal dismissed.

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Sheldon, J.: — •

In this case there was a motion to dismiss the appeal because there was no finding of judgment. The record proper merely shows a verdict, a motion for a new trial, and then a prayer for an appeal. It does not show that any judgment was rendered upon the verdict. It is true the bill of exceptions sets forth that a judgment was entered, but the statements of a bill of exceptions cannot supply the want of a judgment entered on the record proper. The motion will be allowed, and the appeal dismissed.

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Bluebook (online)

3 Ill. Cir. Ct. 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-millspaugh-co-v-morlan-illcirct-1874.