Wheeler Chemical Works v. Boston National Bank

Appellate Court of Illinois

Wheeler Chemical Works v. Boston National Bank

70 Ill. App. 354, 1897 Ill. App. LEXIS 529

Appellate Court of Illinois·Decided June 14, 1897·Published

Opinion

Mr. Justice Gary

delivered the opinion of the Court.

The appellants first demurred to the declaration, and the demurrer being overruled, pleaded. No question is now in the case as to the demurrer, which was waived by pleading. Foltz v. Hardin, 139 Ill. 405.

The case was tried without the presence of any representative of the appellants, and whether any cause existed for ' granting a new trial, we can not inquire, as the affidavit upon which a motion for a new trial was based, is not in a bill of exceptions. We may not read it upon a certified copy by the clerk of the court.

Wright v. Griffey, 146 Ill. 394, is one of dozens of cases to that effect. The statement of the clerk that it is the affidavit referred to in the bill of exceptions is a nullity. Smith v. Trimble, 27 Ill. 152, Tillage of Melrose v. Bernard, 126 Ill. 496; Chicago, M. & St. P. Ry. v. Yando, 127 Ill. 214.

There is no error shown, and the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Gary

delivered the opinion of the Court.

The appellants first demurred to the declaration, and the demurrer being overruled, pleaded. No question is now in the case as to the demurrer, which was waived by pleading. Foltz v. Hardin, 139 Ill. 405.

The case was tried without the presence of any representative of the appellants, and whether any cause existed for ' granting a new trial, we can not inquire, as the affidavit upon which a motion for a new trial was based, is not in a bill of exceptions. We may not read it upon a certified copy by the clerk of the court.

Wright v. Griffey, 146 Ill. 394, is one of dozens of cases to that effect. The statement of the clerk that it is the affidavit referred to in the bill of exceptions is a nullity. Smith v. Trimble, 27 Ill. 152, Tillage of Melrose v. Bernard, 126 Ill. 496; Chicago, M. & St. P. Ry. v. Yando, 127 Ill. 214.

There is no error shown, and the judgment is affirmed.

Wheeler Chemical Works v. Boston National Bank, 70 Ill. App. 354, 1897 Ill. App. LEXIS 529 (Ill. Ct. App. 1897).

Pincite

70 Ill. App. 354 (Wheeler Chemical Works v. Boston National Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related