Public-domain · open source
OpenJurist

44 Ill. App. 526

Spangenberg v. Charles

Appellate Court of Illinois

Decided June 10, 1892

Appellate Court of Illinois · decided 1892-06-10

<p>Bills of Exception.</p> <p>1. A bill of exceptions is to be regarded as a pleading of the party who presents it, and is to be construed most strongly against him.</p> <p>2. Only by appearing in the bill of exceptions can the motion for a new trial, the affidavits in support thereof, or the propositions of law submitted to and refused by the court be brought before an appellate tribunal. They do not become a part of the record by being copied by the clerk.</p>

Cited by 7 later decisions — most recently December 1917

7 state decisions

Relies on Firemen's Insurance v. Peck · Van Cott v. Sprague · Graham v. People

Good law ✅— No negative treatment on recordhow we know

Decided 1892-06-10

View the full empirical analysis of this case →

Waterman, P. J.

¶1In this case it appears from the bill of exceptions that certain papers described as “ the mortgage,” “two notes,” “the certificate,” were introduced in evidence and marked exhibits “a a,” etc.; certain papers in the bill of exceptions are marked exhibits “ a a,” etc. From this we might infer that such papers are those introduced in evidence, if we were permitted to draw inferences favorable to the party who presents a bill of exceptions.

¶2Such inference is not permissible. A bill of exceptions is regarded as a pleading of the party who presents it, and is to be construed most strongly against him. Rogers v. Hall, 3 Scam. 5; McLaughlin v. Walsh, 3 Scam. 185; Thomas v. Leonard, 4 Scam. 556.

¶3If the paper copied into the bill of exceptions is the one introduced in evidence, the bill of exceptions should have so stated. ¡Neither the motion for a new trial, the affidavits in support thereof, nor the propositions of law submitted to and refused by the court appear in the bill of exceptions.

¶4There is no other way in which these things can be brought before an appellate tribunal; they do not become a part of the record by being copied by the clerk. Van Cott v. Sprague, 5 Ill. App. 99; C., M. & St. Paul Ry. Co. v. Yando, 127 Ill. 214; Framey v. True, 26 Ill. 187; Smith v. Wilson, 26 Ill. 186; Liverpool L. & G. Ins. Co. v. Sanders, 26 Ill. App. 559; C., M. & St. Paul Ry. Co. v. Harper, 26 Ill. App. 621; Byrne v. Clark, 31 Ill. App. 651; Alley v. Limbert, 35 Ill. App. 592; Harris v. Brain, 33 Ill. App. 510; Graham v. People, 115 Ill. 566-570; Fireman’s Ins. Co. v. Peck, 126 Ill. 495; Dean v. Lowy, 44 Ill. App. 302.

¶5The judgment of the Circuit Court is therefore affirmed.

¶6Judgment affirmed.

/44/illapp/526 · .json · Public domain