Underwood v. Masterson

Appellate Court of Illinois

Underwood v. Masterson

67 Ill. App. 315, 1896 Ill. App. LEXIS 83

DecidedNovember 5, 1896

StatusPublished

This text of 67 Ill. App. 315 (Underwood v. Masterson) 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.

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Underwood v. Masterson, 67 Ill. App. 315, 1896 Ill. App. LEXIS 83 (Ill. Ct. App. 1896).

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Opinion

Mr. Justice Gary

delivered the opinion of the Court.

April 25, 1896, the appeal was granted herein with leave to file a bill of exceptions within thirty days. July 28, 1896, the bill was filed nune,pro inmc, as of June 22, 1896. Whether we ought to assume that there was good reason for the nunc pro tnmo, we will not consider, as the tunc was nearly a month too late.

It is attempted to justify the delay by an order of the court, entered May 22, 1896, extending the time thirty days. If that order was entered without notice, Ry. Pass. & Frt. Cond. Ben. Assn. v. Leonard, 62 Ill. App. 477, is in point, that it was ineffectual; and notice being jurisdictional, Morgan v. Campbell, 54 Ill. App. 242, is in point that it will not be presumed.

There is nothing before us from which notice can be inferred, and therefore, on motion of the appellees, the bill of exceptions is stricken out of the record.

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