Baldwin v. Schwall

Decided February 9, 1903

Appellate Court of Illinois · decided 1903-02-09

Bill for the Foreclosure of a Mortgage.—-Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in this court at the March term, 1902. This is a bill for the foreclosure of a mortgage.

Cited by 1 later decisions — most recently September 1904

1 state decisions

Relies on Ætna Life Insurance v. Sanford · Cessna v. Benedict · Kniel v. Spring Valley Coal Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1903-02-09

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Mr. Presiding Justice Ball

¶1delivered the opinion of the court.

¶2We have carefully examined the original and the supplemental records in this case, and find that appellants have assigned no errors in this court. There is therefore nothing before us for consideration. An assignment of errors is not a mere matter o.f form, but is one of substance and is essential. Ætna L. I. Co. v. Sanford, 197 Ill. 310; Cessna v. Benedict, 98 Ill. App. 440. This defect necessitates.an affirmance of the decree below, or a dismissal of the appeal. Kniel v. Spring V. C. Co., 96 Ill. App. 411.

¶3Notwithstanding the lack of an assignment of errors, we have looked into the merits of this case, and are of the opinion that, even if errors had been assigned, we could not support the contentions of appellants.

¶4For those reasons the decree of the Superior Court is affirmed.