43 Ill. App. 536
Decided January 14, 1891
Appellate Court of Illinois · decided 1891-01-14
<p>Practice—New Trial—Bill of Exceptions.</p> <p>1. A motion for a new trial, and exceptions to the action of the court thereon, must be made a part of the record by a bill of exceptions, or this court can not take notice thereof.</p> <p>2. A recital by the-clerk, upon the record, is no part thereof.</p>
Cited by 1 later decisions — most recently April 1902
1 state decisions
Relies on Foreman v. Johnson
Good law ✅— No negative treatment on recordhow we know
Decided 1891-01-14
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¶1This is a ridiculous case. There is a paper in it called a bill of exceptions, but there is no exception to anything in it. The clerk has recited upon the record that a motion for a new trial was made and refused, and that the defendants, appellants, excepted; but such recital goes for nothing. The only quarrel is with the finding upon the facts. Foreman v. Johnson, 37 Ill. App. 452.
¶2Judgment affirmed.