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63 Ill. App. 479

Adams & Sons Co. v. Ellinger

Appellate Court of Illinois

Decided April 13, 1896

Appellate Court of Illinois · decided 1896-04-13

<p>1. Abstracts—When Insufficient, Judgment Affirmed.—Where the abstract fails to show that any judgment was entered, or bill of exceptions made, the judgment will be affirmed.</p>

Affirmed · Decided 1896-04-13

Mr. Presiding Justice Gary

¶1delivered the opinion of the Court.

¶2The abstract of the appellant labels this case as appeal, and itself—a corporation—plaintiff in error; does not show that any judgment was ever entered, or any bill of exceptions made. If upon such an abstract we went into the merits so far as they were shown, it would appear that the appellant promised to pay the appellee one thousand dollars for doing what he did do, and when it was done, would not pay anything.

¶3In such a case, the judgment—if there be one, as the briefs assume—should be affirmed, and it is accordingly done.

¶4' Ho fault can be found in the instructions which the abstract says were given for the appellee, and all that the appellant asked were given, except one—to find for the defendant.

¶5The case was fully proved, and the result was right. Affirmed.

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