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10 Ill. App. 262

Gale v. Rector

Appellate Court of Illinois

Decided January 17, 1882

Appellate Court of Illinois · decided 1882-01-17

<p>Appeal from the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding.</p>

Relies on Nickle v. Williamson

Decided 1882-01-17

Per Curiam.

¶1The questions presented and argued in this ease by appellant, can not be considered by the court in the absence of a bill of exceptions.

¶2The paper purporting to be a bill of exceptions, copied by the clerk into the transcript, is neither signed nor sealed by the judge who tried the cause as required by the statute.

¶3Copying such a paper into the transcript does not make it a part of the record, and the objection that it is not signed or sealed may be taken to it either by motion to strike it from the hies or on the final hearing. James v. Sprague, 2 Scam. 5; Miller v. Jenkins, 44 Ill. 48.

¶4In the absence of such a bill of exceptions, as„is required by the statute, we can not inquire into the sufficiency of the evidence to maintain the verdict, or the propriety of the instructions given or refused. People v. Coultas, 9 Bradwell, 39; Ill. Cent. R. R. Co. v. Gilchrist, 9 Bradwell, 135.

¶5The judgment of the court below is affirmed.

¶6Affirmed.

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