Second Mercantile Financial Corp. v. Rebeker

Appellate Court of Illinois

Second Mercantile Financial Corp. v. Rebeker

273 N.E.2d 232, 133 Ill. App. 2d 320, 1971 Ill. App. LEXIS 1705

CourtAppellate Court of Illinois

DecidedJune 4, 1971

DocketNo. 55351

StatusPublished

This text of 273 N.E.2d 232 (Second Mercantile Financial Corp. v. Rebeker) 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

Second Mercantile Financial Corp. v. Rebeker, 273 N.E.2d 232, 133 Ill. App. 2d 320, 1971 Ill. App. LEXIS 1705 (Ill. Ct. App. 1971).

Pincite

Opinion

Mr. JUSTICE LORENZ

delivered the opinion of the court:

A folder containing papers purporting to be the record of an appeal from a “judgment order entered in this case on plaintiff’s motion for summary judgment entered June 18, 1970, granting judgment in favor of plaintiff and against said defendants” was filed with the Clerk of this court on September 17, 1970. On November 6, 1970, appellants abstract of record and brief and argument were filed. No appearance has been filed in this court on behalf of the appellee.

Upon examination of the “record” filed we find that it is without certification by the Clerk of the Circuit Court. Supreme Court Rule 324 provides that “[t]he clerk of the trial court shall prepare, bind, and certify the record on appeal.” The court stated in Hiser v. Baker (1904), 115 Ill.App. 12 at 13: “Records must be authenticated [citation] and, if not properly authenticated, appeals based thereon must be dismissed.”

For lack of certification of the purported record the appeal is dismissed on motion of the court.

Appeal dismissed.

ENGLISH, P. J., and DRUCKER, J., concur.

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