Public-domain · open source
OpenJurist

106 Ill. App. 577

Marsh v. Jones

Appellate Court of Illinois

Decided March 2, 1903

Appellate Court of Illinois · decided 1903-03-02

Certiorari.—Appeal from the Circuit Court of St. Clair County; the Hon. Martin W. Schaerer, Judge presiding. Heard in this court at the August term, 1902. Appellant obtained a judgment against David B. Case-beer before a justice, for 875 and costs'. An execution was issued and levied upon certain articles of personal property which were claimed by appellee.

Cited by 3 later decisions — most recently September 1906

3 state decisions

Relies on Staude v. Schumacher · Jesse French Piano & Organ Co. v. Meehan · Traeger v. Mutual Building & Loan Ass'n

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1903-03-02

View the full empirical analysis of this case →

¶1Opinion

per Curiam.

¶2Counsel for appellant insist that the abstract is incomplete, and that for a failure to supply a full and complete abstract, as required by the rule of this court, the judgment should be affirmed.

¶3The abstract does not show an assignment of errors, nor what judgment was rendered on the verdict.

¶4An assignment of errors is in effect a pleading, and performs the same office as a declaration in a court of original action. Bernard Conlon, for use, etc., v. Patrick Manning, 43 Ill. App. 363; Lang v. Max, 50 Ill. App. 466; Jesse French Piano and Organ Co. v. John Meehan, 77 Ill. App. 577.

¶5It should be found in the abstract, which should present whatever a reviewing court is asked to examine. Traeger v. Mutual Building Association, 189 Ill. 314; Staude v. Schumacher, 187 Ill. 187; Douglass v. Miller, 102 Ill. App. 346.

¶6The abstract states, “ thereupon the court rendered judgment upon the verdict.” To which action and decision of the court, in rendering judgment on the verdict, the defendant, Louis Marsh, by his counsel, then and there excepted.

¶7This statement gives no information as to what judgment was rendered. It might as well, as far as information is concerned, have said simply, “ judgment rendered.” Such a reference is not a compliance with the rule requiring a full and complete abstract. Flaningham v. Hogue, 59 Ill. App. 318; Amundson Printing Co. v. Empire Paper Co., 83 Ill. App. 441.

¶8In this latter case it is said, “ Sometimes the courts have turned to the records, where the abstracts have been deficient, but, we believe, never to reverse a judgment—only when it has been thought advisable to give other reasons for affirming it.”

¶9The duty of appellants to furnish full and complete abstracts has been so often affirmed by both the Supreme and Appellate Court's that citations are unnecessary.

¶10From an examination of the record, involving the equities of the case, we think it is a proper case for the enforcement of the rule.

¶11The judgment of the Circuit Court is affirmed.

/106/illapp/577 · .json · Public domain