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54 Ill. App. 275

Booth v. Marks

Appellate Court of Illinois

Decided July 2, 1894

Appellate Court of Illinois · decided 1894-07-02

<p>1. Record—Stipulation as to Bill of Exceptions.—A stipulation that the bill of exception smay be made a part of the record accomplishes nothing; the bill of exceptions is a part of the record without a stipulation.</p>

and affirmed · Decided 1894-07-02

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2The errors said to exist in the record of each of these cases are alleged to arise out of the evidence adduced upon the trial.

¶3In each, the original instead of a copy of the bill of exceptions is certified here under a stipulation, which is that the bill of exceptions may be made a part of the record. Such a stipulation accomplishes nothing. The bill of exceptions is a part of the record without stipulation.

¶4We have so often, called attention to the statute under which the original of a bill of exceptions may be inserted in the transcript of the record instead of a copy, that further reference thereto seems useless. The respective judgments are affirmed.

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