Brooks v. Bruyn

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

This was an action of ejectment. It was agreed between the parties, that, on the trial in the Circuit Court, the defendant introduced in evidence, as a part of the chain of title under which he claimed, a certain deed, which is copied into the record, but inadvertently and by mistake omitted from the bill of exceptions; and that neither the defendant nor his attorney had knowledge of such omission until within the present week, during which this application is made.

Good law ✅— No negative treatment on recordhow we know

Decided 1864-04-15

How this case has been cited

Cited by 4 later decisions — most recently February 1946

4 state decisions

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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Per Curiam :

¶1When it satisfactorily appears to the court that material evidence has been inadvertently omitted from the bill of exceptions, and that proper diligence has been used to supply the deficiency in the record, an opportunity will be given the party to apply to the court below to amend the bill of exceptions, so that the whole case may be presented to this court.

¶2But the suggestion of the counsel for the appellant, that to avoid a continuance for the cause mentioned, he would agree to admit the omitted deed as a part of the bill of exceptions, if put in the form of a stipulation to that effect, will obviate the necessity of continuing the cause for the purpose indicated. A final disposition of the motion will not be made until the court shall be advised whether such a stipulation will be made.