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6 Ill. App. 171

Tompkins v. Mann

Appellate Court of Illinois

Decided March 29, 1880

Appellate Court of Illinois · decided 1880-03-29

<p>Bill of exceptions — Must contain all the evidence. — In the absence of a certificate that the hill of exceptions contains all the evidence, it will be presumed that sufficient evidence was heard to warrant the judgment of the court.</p>

Cited by 2 later decisions — most recently June 1897

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-03-29

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Bailey, P. J.

¶1In this case the plaintiff in error brings here for review, an order of the court below vacating a judgment previously entered in said court "by confession under a warrant of attorney. The bill of exceptions recites, that on the hearing of the motion to vacate said judgment, certain affidavits therein set forth were introduced by the defendants in error, hut there is no statement or certificate that the bill of exceptions contains all the evidence introduced upon said hearing. In the absence of such certificate, it will be presumed that sufficient evidence was heard by the court to support and warrant its decision. The only questions raised by the plaintiff in error relate to the sufficiency of the evidence, hut as the record stands, none of said questions can be considered. It follows that the judgment must be affirmed.

¶2Judgment affirmed.

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