Walker v. Pratt

Appellate Court of Illinois

Walker v. Pratt

55 Ill. App. 297, 1894 Ill. App. LEXIS 409

DecidedNovember 12, 1894

StatusPublished

This text of 55 Ill. App. 297 (Walker v. Pratt) 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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Walker v. Pratt, 55 Ill. App. 297, 1894 Ill. App. LEXIS 409 (Ill. Ct. App. 1894).

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Opinion

Mr. Justice Gary

delivered the opinion of the Court.

On the original submission of this case we followed the many decisions we have made, that a stipulation, that a bill of exceptions might be incorporated in the record, was not sufficient to bring it into the transcript.

We had followed the old rule repeated in Potter v. Peeples, 92 Ill. 430-6, that “ the naming of one thing is the exclusion of others.” Perhaps we had not given sufficient weight to the acquiescence of the appellee in treating the bill of exceptions as part of the transcript, and thereby, independently of the stipulation, being evidence of an agreement that the bill of exceptions should be incorporated in the transcript.

The Supreme Court has lately held, Lake Shore, etc., Ry. v. Hessions, 150 Ill. 546, that the stipulation to incorporate in the record is warrant for incorporation in the transcript, and we must follow. But the appellant is no better off than before. There is no assignment of errors upon or attached to the record, and therefore we can not review the case, and the appeal is dismissed. Lancaster v. Waukegan and S. W. Ry., 132 Ill. 492.

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