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30 Ill. App. 500

Lake v. Lower

Appellate Court of Illinois

Decided January 10, 1889

Appellate Court of Illinois · decided 1889-01-10

<p>Practice—Imperfect Abstract—Pules.</p> <p>Where the abstract is so imperfect that this court can not obtain from it a correct understanding of the case without reference to the record, the judgment will be affirmed under the rules.</p>

Cited by 6 later decisions — most recently March 1908

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-10

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Per Curiam.

¶1This is an appeal from the Kankakee Circuit Court. There is no such abstract as is required by the rule of this court.

¶2Rule twenty provides that “The party bringing the case to this court shall furnish a complete abstract or abridgment of the record, reducing the evidence to a narrative form referring to the appropriate pages of the record by numerals on the margin.”

¶3Five copies of this abstract are to be filed with the record for the use of the court. This rule requires the abstract to be of such character that the court can get a correct understanding of the whole case by reading it, without reference to the record.

¶4From the abstract furnished us in this case we are not able to tell anything about the case by reading it. Neither the declaration nor the pleas are abstracted. The abstract of the evidence is so brief and imperfect that we can tell nothing about the rights of the parties from it.

¶5The testimony of some of the witnesses is in the form of depositions, which are not abstracted. None of the instructions are set out in the abstract.

¶6Rule twenty-six of this court provides that if, on the call of the docket, no abstract or brief is filed, the court will affirm the judgment. While there is not a total absence of an abstract here, yet it affords us no assistance in the trial of the case, and it must be treated as if none was filed. We can not consent to the waiver of this rule. A departure from it would impose upon us labor that we can not undertake. We have not the time, if we had the inclination, to search through the original records (sometimes containing many hundreds of pages) to find out the merits of the case.

¶7We must insist on a strict compliance with this rule in all cases. For want of sufficient abstract, the judgment is affirmed.

¶8Judgment affirmed.

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