State Bank of Tonawanda v. Dawson

Appellate Court of Illinois

State Bank of Tonawanda v. Dawson

49 Ill. App. 256, 1893 Ill. App. LEXIS 37

DecidedSeptember 8, 1893

StatusPublished

This text of 49 Ill. App. 256 (State Bank of Tonawanda v. Dawson) 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

State Bank of Tonawanda v. Dawson, 49 Ill. App. 256, 1893 Ill. App. LEXIS 37 (Ill. Ct. App. 1893).

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Opinion

Opinion of the Court,

Scofield, J.

The bill of exceptions, in this case, is verily a bill without exceptions. Parts of certain depositions were objected to, but the objections were taken under advisement till the conclusion of the trial, which was before the court, without a jury, and no decision of the court was ever announced on the sub j ect. H o exception ivas ever taken with reference thereto. It is also true that no proposition of law was held or refused, no motion for a new trial was made, no exception was taken to the findings or judgment of the court. The motion for a new trial and exception to the action of the court in overruling the same, which appear in the judgment, as copied by the clerk from the judgment record, are not properly a part of tbe record, and can not become sucb except by being embodied in tbe bill of exceptions. If repeated adjudication can settle any proposition whatever, it is settled beyond controversy- that a record wbicb contains no proper exceptions presents no question for the consideration of an appellate court. Tbe citation of authorities in support of this proposition is wholly unnecessary.

Tbe judgment will be affirmed.

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Opinion of the Court,

Scofield, J.

The bill of exceptions, in this case, is verily a bill without exceptions. Parts of certain depositions were objected to, but the objections were taken under advisement till the conclusion of the trial, which was before the court, without a jury, and no decision of the court was ever announced on the sub j ect. H o exception ivas ever taken with reference thereto. It is also true that no proposition of law was held or refused, no motion for a new trial was made, no exception was taken to the findings or judgment of the court. The motion for a new trial and exception to the action of the court in overruling the same, which appear in the judgment, as copied by the clerk from the judgment record, are not properly a part of tbe record, and can not become sucb except by being embodied in tbe bill of exceptions. If repeated adjudication can settle any proposition whatever, it is settled beyond controversy- that a record wbicb contains no proper exceptions presents no question for the consideration of an appellate court. Tbe citation of authorities in support of this proposition is wholly unnecessary.

Tbe judgment will be affirmed.

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Bluebook (online)

49 Ill. App. 256, 1893 Ill. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-bank-of-tonawanda-v-dawson-illappct-1893.