40 Ill. 73
Decided April 15, 1867
Illinois Supreme Court · decided 1867-04-15
<p>Certiobabi—when affidavit required. A suggestion of diminution of record, as the basis for an application for a writ of certiora/ri, should be supported by affidavit showing the fact of diminution, where that fact does not appear from the face of the record itself.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1867-04-15
Cited by 5 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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¶1The transcript of the record now before the court does not show that there was an answer filed in the court below, and the clerk has certified that it is a complete transcript of the record. We must presume, therefore, that this is a complete transcript, until there is some evidence, as by affidavit, to the contrary.
¶2Certiorari refused.