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11 Ill. App. 514

Saunders v. Bernard

Appellate Court of Illinois

Decided October 24, 1882

Appellate Court of Illinois · decided 1882-10-24

<p>Exceptions must be taken. — Motions and exceptions to the ruling of the court thereon should be preserved by a bill of exceptions, as they cannot otherwise become a part of the record.</p>

Cited by 1 later decisions — most recently July 1900

1 state decisions

Relies on Reed v. Horne

Good law ✅— No negative treatment on recordhow we know

Decided 1882-10-24

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Per Curiam.

¶1This was a garnishee proceeding commenced before a justice of the peace by Lippincott and Cox, judgment creditors of E. P. Saunders, against Thomas Bernard. Judgment was rendered against the garnishee, Thomas Bernard, in favor of E. P. Saunders, use of Lippincott and Cox. E. P. Saunders took an appeal to the Circuit Court of Clinton county. In that court a motion was made by Lippincott and Cox to dismiss the appeal. The motion was allowed and the appeal dismissed. The case is now brought to this court by appeal, and the error assigned is that the court erred in dismissing the appeal taken by E. P. Saunders.

¶2Ho bill of exceptions was taken in the case, and therefore the question attempted to be raised on this record can not be considered.

¶3Motions and exceptions to the ruling of the court thereon should be preserved by bill of exceptions as they can not otherwise become a part of the record. Reed v. Horne, 73 Ill. 598; Hyatt et al. v. Brown et al. 82 October 24, 1882. 28.

¶4Judgment affirmed.

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