Public-domain · open source
OpenJurist

178 Ill. App. 633

Salisbury v. Deutsch

Appellate Court of Illinois

Decided April 21, 1913

Appellate Court of Illinois · decided 1913-04-21

<p>1. Appeais Am) ERRORS — when abstract insufficient. An abstract does not comply with tbe rules of tbe appellate court where wbat is termed a “certificate of tbe evidence” appearing in tbe transcript of tbe record consists of 103 pages and is abstracted in less than five pages, and where much of tbe apparently material evidence is not abstracted and none of tbe several written instruments introduced are abstracted.</p> <p>2. Appeals and errors — effect of insufficient abstract. "Where tbe appellant furnishes an incomplete abstract, it is not tbe duty of tbe appellate court to search tbe record for reversible error.</p>

Cited by 1 later decisions — most recently April 1919

1 state decisions

Relies on Thornton v. Muus

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-04-21

View the full empirical analysis of this case →

Me. Presiding Justice Smith

¶1delivered the opinion of the court.

¶2The plaintiff, here the plaintiff in error, brought a suit against the defendant to recover $37.50 for one month’s rent of a flat. The defendant denied liability and also filed a set-off. On a trial the jury returned a verdict for the defendant on both issues and assessed defendant’s damages at $18.75, for which the court entered judgment against the plaintiff.

¶3The abstract filed by the plaintiff does not comply with the rules of the court. What is termed á “certificate of evidence,” appearing in the transcript of the record, consists of 103 pages and is abstracted in less than five pages. Much of what appears to be-material evidence upon the part of the defendant is not abstracted; nor are any of the several written instruments introduced in evidence abstracted. We fail to appreciate tbe opportunity of doing the work devolving upon counsel, and are not disposed to search the record for the information that the plaintiff should have furnished in the abstract. In Thornton v. Muus, 120 Ill. App. 422, the court cites many authorities in support of the rule there announced to the effect that where an appellant furnishes an incomplete abstract, in violation of the rule, it is not the duty of the court to search the record for reversible error. There are many other authorities to the same effect, and from what appears of the case at bar in the abstract, we have no inclination to hesitate in the enforcement of the rule.

¶4The judgment is affirmed.

¶5Affirmed.

/178/illapp/633 · .json · Public domain