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157 Ill. App. 89

People v. Pryer

Appellate Court of Illinois

Decided August 5, 1910

Appellate Court of Illinois · decided 1910-08-05

<p>Appeals and errors—effect of failure to assign errors upon record. Notwithstanding the abstract may contain what purports to be an assignment of errors, if no errors are in fact assigned upon the record, the writ of error or appeal will he dismissed.</p>

Relies on Wilcox v. Moore

Dismissed · Decided 1910-08-05

Mr. Justice Shirley

¶1delivered the opinion of the court.

¶2The abstract of the record contains what purports to be an assignment of errors but no errors are assigned on the record.

¶3By rule 15 of this court the plaintiff in error shall in all cases assign errors at the time of filing his record and on failing to do so the case may be dismissed.

¶4“An assignment of errors in this court performs the same office as a declaration in a court of original jurisdiction. The omission cannot be cured by attaching an assignment of errors to the abstract of the record.” Wilcox v. Moore, 44 Ill. App. 293, and cases cited.

¶5By reason of the omission the writ of error will be dismissed.

¶6Writ dismissed.

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