Public-domain · open source
OpenJurist

51 Ill. App. 482

Mason v. Strong

Appellate Court of Illinois

Decided January 11, 1894

Appellate Court of Illinois · decided 1894-01-11

<p>1. Practice—Filing Additional Pleas.—As a general rule it is a matter within the discretion of the trial court to grant or to refuse to grant leave to file an additional plea.</p> <p>3. Record—Stipulation to Bill of Exceptions.—A stipulation that the clerk of said court may incorporate the original bill of exceptions into the record is of no effect.</p>

Cited by 1 later decisions — most recently January 1894

1 state decisions

Relies on Misch v. McAlpine · Zielinski v. Remus · 50 Ill. App. 455 - Rohde v. Lehman

Good law ✅— No negative treatment on recordhow we know

Decided 1894-01-11

View the full empirical analysis of this case →

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2This was an action upon a promissory note, by the assignee thereof. • The defendant filed a plea of - the general iésue, afterward, when the cause was called for trial, they asked leave to file a special, unverified plea. The court refused to allow the filing of such plea, and such refusal is assigned as error.

¶3It was, under the circumstance, in the discretion of the court to refuse or allow the filing of such plea, and we see no reason for thinking that its discretion was improperly exercised. The case is unlike that of Misch v. McAlpine, 78 Ill. 507; there was-in the case at bar no showing, under oath, of satisfactory reasons for the plea not having been sooner filed.

¶4The original, as we presume, of a bill of exceptions, has been inserted in the transcript, certified by the clerk of the Circuit Court. The stipulation under which this was done is that the clerk of said court may incorporate the original bill of exceptions into the record. Such a stipulation is of no effect; a bill of exceptions is a part of the record. As sent to this court we can not regard anything it alone may show. Harris v. Shebek, 51 Ill. App. 382; Rohde v. Lehman, 50 Ill. App. 455; Zielinski v. Remus, 46 Ill. App. 596.

¶5The judgment of the Circuit Court is affirmed.

/51/illapp/482 · .json · Public domain