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40 Ill. App. 536

Burt v. Burt

Appellate Court of Illinois

Decided May 5, 1891

Appellate Court of Illinois · decided 1891-05-05

<p>Practice—Divorce—Desertion—Evidence.</p> <p>1. Exceptions in chancery causes may, and in many instances should be taken to pleadings for scandal, impertinence, insufficiency and the like; and exceptions may be taken to reports of masters and receivers, but it is not necessary to preserve exceptions to the rulings of the court in allowing or overruling such exceptions, all of the evidence in the cause and the decree announced by the court being matters of record.</p> <p>2. It is the correct practice for the chancellor, after the evidence is heard, to regard .no portion of it that is immaterial or illegal, and to decide the case alone on the legal evidence adduced.</p> <p>3. In chancery cases the practice is not to reverse for erroneous rulings in the admitting or excluding of evidence unless it is seen after an inspection of the entire record, that different rulings might have induced a different decree.</p> <p>4. If there is competent evidence in the record sufficient to sustain the decree, it must be affirmed, and this without regard to whether the chancellor may have been right or wrong in his views of the competency of evidence at the hearing.</p>

Cited by 3 later decisions — most recently November 1900

3 state decisions

Relies on Tunison v. Chamblin · Treleaven v. Dixon · Swift v. Castle

Good law ✅— No negative treatment on recordhow we know

Decided 1891-05-05

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Waterman, J.

¶1Exceptions in chancery causes may, and in many instances should be taken to pleadings for scandal, impertinence, insufficiency, etc. Exceptions may also be taken to reports of masters and receivers; but it is not necessary to preserve exceptions to the rulings of the court in allowing or overruling such exceptions. Flaherty v. McCormick et al., 123 Ill. 525. All of the evidence in the cause and the decree announced by the court are matters of record.

¶2It is the correct practice for the chancellor, after the evidence is heard, to regard no portion of it which is immaterial or illegal, and to decide the case alone on the legal evidence adduced. Swift et al. v. Castle, 23 Ill. 209; Hillyer v. Lewis, 81 Ill. 264; Smith et al. v. Long, 106 Ill. 485.

¶3In chancery cases the practice is not to reverse for erroneous rulings in the admitting or excluding of evidence, unless it is seen, after an inspection of the entire record, that different rulings might have induced a different decree. Willemin v. Dunn et al., 93 Ill. 511.

¶4If there is competent evidence in the record sufficient to sustain the decree, it must be affirmed, and this without regard to whether the chancellor may have been light or wrong in his views of the competency of evidence at the hearing. Treleaven v. Dixon, 119 Ill. 551; Tunison v. Chamblin, 88 Ill. 378; Jefferson v. Jefferson, 96 Ill. 551; Ritter v. Schenk et al., 101 Ill. 387.

¶5We have carefully examined the record in this cause, and are of the opinion that the decree of the chancellor is sustained by it.

¶6The witnesses testified orally in the presence of the court, and the chancellor for that reason was in a better position than can be a reviewing court to determine what the truth as to the controverted facts is. Voss v. Venn, 132 Ill. 14.

¶7The decree of the court below is affirmed.

¶8Decree affirmed.

¶9Moran, P. J. I do not concur. I think there was no desertion.

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