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54 Ill. App. 274

McIntosh v. Barnes

Appellate Court of Illinois

Decided April 19, 1894

Appellate Court of Illinois · decided 1894-04-19

<p>Memorandum—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding.</p>

Cited by 1 later decisions — most recently January 1905

1 state decisions

Relies on Harris v. People · Foreman v. Johnson · Gartside Coal Co. v. Turk

Good law ✅— No negative treatment on recordhow we know

and affirmed · Decided 1894-04-19

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Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2This suit was brought by appellees, who are real estate brokers, against appellant, to recover commissions claimed to have been earned by them in the sale of certain premises in the city of Chicago. There was a finding and judgment for the plaintiff.

¶3In the record here presented, no exception to anything done by the court below appears, save an exception, taken to the overruling of a motion for a new trial, but neither such motion nor exception is shown by the bill of exceptions. It is not the business of the clerk to keep note of exceptions taken, and his minute of the same does not make them a part of the record. Foreman v. Johnson, 37 Ill. App. 452; Underhill v. M. & C. R. R. Co., 40 Ill. App. 22; Harris v. The People, 130 Ill. 464; Burnett v. Snapp, 39 Ill. App. 237.

¶4We therefore can not consider the motion for anew trial or the reasons urged in support thereof.

¶5The judgment of the Circuit Court is affirmed.

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