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54 Ill. App. 643

Culver v. Schroth

Appellate Court of Illinois

Decided April 30, 1894

Appellate Court of Illinois · decided 1894-04-30

<p>1. Appellate Court Practice—Insufficient Transcript.—Transcripts “ as per praecipe ” are insufficient.</p> <p>2. Same—Res Adjudicata.—A former decision of this court in a case is the law of the case for this court.</p>

Cited by 1 later decisions — most recently January 1895

1 state decisions

Relies on Atkinson v. Linden Steel Co. · Alling v. Wenzell · Chicago, Milwaukee & St. Paul Railway Co. v. Hoyt

Good law ✅— No negative treatment on recordhow we know

and affirmed · Decided 1894-04-30

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2Had a complete transcript of the record from the court below been filed, it would probably have appeared that the appellant, a purchaser pendente lite, and therefore bound by all the former proceedings in the cause (Williams v. Winans, 20 N. J. Eq. (5 C. E. Green) 392), is now seeking to have this court reverse its decision in this same case on a former appeal. Schroth v. Black, 50 Ill. App. 168.

¶3That former decision is the law of the case for this court. C. M. & St. Paul Ry. Co. v. Hoyt, 44 Ill. App. 48.

¶4But by a praecipe for part only of the record, followed by the clerk in making up and certifying the transcript “ as per praecipe,” the object of this appeal is not so apparent.

¶5We have so often held that transcripts “ as per praecipe ” are insufficient, that we will not repeat the reasons. Wilkenson v. Linden Steel Co., 35 Ill. App. 448; Alling v. Wenzell, 46 Ill. App. 562. These cases having been many times followed since.

¶6Hot having before us the complete case as the Circuit Court had it, we do not know whether any error was committed or not, and therefore affirm the decree.

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