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59 Ill. App. 40

Springer v. Maddock

Appellate Court of Illinois

Decided June 3, 1895

Appellate Court of Illinois · decided 1895-06-03

<p>1. Records—Insufficient Certificates.—A certificate of the clerk to the record which does not purport to be a true, perfect and complete transcript of .the record in the case, but confines itself to that portion of the record which was prepared according to the praecipe filed in the office of filie clerk, etc., is insufficient.</p> <p>2. Appellate Court Practice— When a Judgment will be Affirmed. —A judgment brought before the Appellate Court and not affirmatively shown to be erroneous will be affirmed.</p>

Cited by 2 later decisions — most recently February 1936

2 state decisions

Relies on Lawrence v. Fast · Swartzbaugh v. People · Atkinson v. Linden Steel Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-06-03

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He. Jhstioe Gaby

¶1delivered the opinion of the Court.

¶2While it is true that at the beginning of the roll filed here as the record of this cause, from the Circuit Court, there is written a convening order, yet it comes to us with no authentication as being truly copied from the record of that court.

¶3The certificate of the clerk is that the roll is a “ complete transcript of the record prepared according to praecipe.” That is not a certificate implying that it is a transcript of the whole record of the cause, but only of such record as is so prepared. Whatever is in the roll that the praecipe did not call for, is not embraced in the certificate.

¶4If a record certified as complete was without a convening order, we would reverse the judgment. Swartzbaugh v. People, 85 Ill. 457.

¶5If no such order was on the record itself in the Circuit Court, it would seem that a judgment would be void collaterally. Lawrence v. Fast, 20 Ill. 338.

¶6But for the want of such order in a roll “ prepared according to prascipe ” we could not reverse, if the praecipe did not call for the order; and putting it in when it is not called for, and the certificate only authenticating what it called for, leaves the space which in this roll is occupied by what reads as a convening order, without authentication.

¶7The praecipe here called for eight items—definitely described—of which the convening order is not one.

¶8Perhaps we can not reasonably conjecture that anything else pertaining to a complete transcript is left out; but our authority to reverse a judgment of the Circuit Court does not rest upon any conjecture, however probable.

¶9The brief of the appellee, filed Harch 15th, which at the time of this writing is nearly eleven weeks ago, specifically objected to the certificate, and yet nothing has been done to present to us an authenticated record. The opinion of this court that such certificate is insufficient has been repeated at intervals for now upward of five years. Atkinson v. Linden Steel Co., 35 Ill. App. 448; Tolman v. Wheeler, 5504, Jan. 28, 1895.

¶10We do not care to express our opinion about proceedings not within our jurisdiction, and the order appealed from is affirmed.

¶11That is done upon the principle that any judgment brought before us, and not affirmatively shown to be erroneous, must be affirmed.

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