Day v. Zimmer

Appellate Court of Illinois

Decided December 13, 1915

Appellate Court of Illinois · decided 1915-12-13

<p>Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding.</p>

Appeal dismissed · Decided 1915-12-13

Mr. Justice Holdom

¶1delivered the opinion of the court.

3. Appeal and error, § 858*—when certificate of evidence signed by judge not sitting in case a nullity. A certificate of evidence signed by a judge who did not sit in the case or enter the decree appealed from is a nullity where no reason is shown by the record for his so doing.4. Appeal and error, § 858*—when failure to file certificate of evidence in time fatal. Where a certificate of evidence is not seasonably filed, a motion of appellee to strike will be allowed by the Appellate Court