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17 Ill. App. 304

Thompson v. Duff

Appellate Court of Illinois

Decided September 24, 1885

Appellate Court of Illinois · decided 1885-09-24

<p>Bill of exceptions.—As the paper purporting to be the bill of exceptions is neither signed nor sealed by the judge who tried the cause, it is no part of the record and can not be considered by the court.</p>

Cited by 1 later decisions — most recently January 1888

1 state decisions

Relies on Reeves v. Reeves · Townsend v. Radcliffe

Good law ✅— No negative treatment on recordhow we know

Decided 1885-09-24

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Per Curiam.

¶1The only questions presented by argument of counsel for our consideration are, that the verdict is against the evidence, and the- court erred in giving instructions for appellee and refusing proper instructions asked by appellant.

¶2These questions can not be considered by us, mdess ]-resented by a bill of exceptions containing the evidence and instructions.

¶3There is a paper in the record purporting to be a bill of exceptions, but is neither signed nor sealed by the judge who tried the cause, as the statute requires, in order to make it a part of the record. In such case, such a paper, though copied into the record by the clerk below, constitutes no part of the record and can not be considered by this court. James v. Sprague, 2 Scam. 5; Miller v. Jenkins, 44 Ill. 448; Reeves v. Reeves, 54 Ill. 332.

¶4We can not therefore inquire whether the court erred as suggested in argument.

¶5Judgment affirmed.

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