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40 Ill. 115

Anonymous

Illinois Supreme Court

Decided November 15, 1863

Illinois Supreme Court · decided 1863-11-15

<p>Motion for supersedeas—whether record nvust'Ve filed and cause docketed.' An. application for a supersedeas made in-open court, in the grand division in which the writ of error must be sued out, will not be entertained unless the record has been filed and the cause docketed.</p>

Decided 1863-11-15

Per Curiam :

¶1As the writ of error in this case would be issued in this grand division, we cannot entertain the application for a supersedeas until the record is filed and the cause docketed.

¶2In vacation, such an application may be made to one. of the justices without having first filed the record; but not so when made to the court, in the grand division in which the writ of error must be sued out.

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