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38 Ill. 197

Daniels v. Shields

Illinois Supreme Court

Decided April 15, 1865

Illinois Supreme Court · decided 1865-04-15

Jesse O. Nobton, Judge, presiding. This was an action of ejectment instituted in the court below by John II. Daniels against Michael Shields, to recover certain real estate situate in the City of Joliet, described as block three and block four, in the Canal Trustee’s Sub-Division of the west half of section nine, township thirty-five, range ten east. A trial before the court, without a jury, resulted in a finding and judgment for the defendant.

Relies on Dickhut v. Durrell · Pottle v. McWorter

Good law ✅— No negative treatment on recordhow we know

Decided 1865-04-15

How this case has been cited

Cited by 22 later decisions — most recently July 1923

22 state decisions

501865187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Walker

¶1delivered the opinion of the Court:

¶2Even if it were conceded that the agreement of the parties, as to the facts of this case, became a part of the record without being embodied in a bill of exceptions, it does not follow that the motion for a new trial should not have been preserved by a bill of exceptions. The mere entry of a motion does not make the motion or reasons therefor a part of the record, but that must be done by bill of exceptions. This has been the uniform practice of this court announced in numerous decisions, running through our reports from an early period to the present time. Stickney v. Cassell, 1 Gilm. 418; Diekhut v. Durrell, 11 Ill. 72; Vanderbilt v. Johnson, 3 Scam. 48; Miller v. Dobson, 572; Pottle v. Mc Worter, 13 Ill. 454. In this last case it was held that although the bill of exceptions contains all of .the evidence, it was insufficient to sustain the verdict, the court will not disturb the judgment unless it shows a motion for a new trial was made and overruled. Other cases might be referred to, but they are familiar to the profession, and these illustrate the practice and fully determine this case. The judgment must be affirmed.

¶3Judgment affirmed.

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