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2 Ill. 567

Holmes v. Parker

Illinois Supreme Court

Decided July 15, 1839

Illinois Supreme Court · decided 1839-07-15

At the December term, 1838, of this Court, the attorney for the appellee, made affidavit that so much of the record in this cause, as stated that an appeal was prayed and granted, and a bill of exceptions tendered, allowed, signed, and sealed, and ordered to be made a part of the record, which was done, &c. (although a correct statement of what transpired in Court,) was an interpolation of the person who transcribed the record, and obtained a writ of certiorari to the Court…

Decided 1839-07-15

Per Curiam:

¶1The certiorari was properly granted. If in a case like the present, the writ could not issue, there might be no remedy for an interpolation of a record.

¶2The appeal must be dismissed.

¶3Appeal dismissed.

¶4Note. See Mitcheltree v. Sparks, Ante 122; Vanlandingham v. Fellows et al., Ante 233.

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