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63 Ill. 496

Keller v. Brickey

Illinois Supreme Court

Decided June 15, 1872

Illinois Supreme Court · decided 1872-06-15

<p>Appeal from the Circuit Court of Randolph county.</p>

Relies on Planing Mill Lumber Co. v. City of Chicago

Good law ✅— No negative treatment on recordhow we know

Decided 1872-06-15

How this case has been cited

Cited by 3 later decisions — most recently December 1921

3 state decisions

10187218801890190019101920decided

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 Scott

¶1delivered the opinion of the Court:

¶2The record in this case contains no placita or convening order of court. It does not appear from anything in it before what judge the cause now sought to be reversed was tried, or whether it was in fact heard before the judge who signs the bill of exceptions. This defect is not aided, as suggested by counsel, by the certificate of the clerk.

¶3The record is certified to us as being complete, and the attestation of the clerk thereto imports verity. If the record is incomplete, the appellee should have obtained leave and caused a perfect record to have been certified to us. This he did not do, and the omission is fatal.

¶4The case falls within the rule announced in the Planing Mill Lumber Co. et al. v. The City of Chicago, 56 Ill. 304, and must be governed by it.

¶5For the defect in the record, the judgment is reversed and the cause remanded.

¶6Judgment reversed.

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