Mosher v. Scofield

Decided November 12, 1894

Appellate Court of Illinois · decided 1894-11-12

Memorandum.—Assumpsit. In the Circuit Court of Cook County; on appeal from a justice of the peace; the Hon. Frank Baker, Judge, presiding. Trial by jury, verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Relies on Legnard v. Rhodes

Good law ✅— No negative treatment on recordhow we know

Decided 1894-11-12

How this case has been cited

Cited by 4 later decisions — most recently August 1929

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2The bill of exceptions in this record fills pages 21 to 47 inclusive.

¶3In that bill when documentary evidence, instructions and motion for new trial are referred to, the language is, “ here insert lease;” “ here insert instructions for the plaintiff;” “here insert instructions given for the defendant;” “here insert refused instructions;” “ here insert reasons filed.”

¶4None of the writings are in the bill itself, but copied by the clerk, are, before the bill, what may have been the “ reasons,” and after the bill, what may have been the other papers.

¶5On such a record we can only affirm the judgment. Legnard v. Rhodes, 51 Ill. App. 477, and a multitude of cases which can -be found by tracing back from that.