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66 Ill. App. 646

Thacker v. Bulkley

Appellate Court of Illinois

Decided November 30, 1896

Appellate Court of Illinois · decided 1896-11-30

<p>1. Bill op Exceptions—Striking a Plea from the Piles—Where the court improperly strikes a plea from the files the party aggrieved thereby should, by a bill of exceptions, preserve what the court did in this regard.</p>

Relies on Van Cott v. Sprague · Baldwin v. McClelland · Bowlan v. Lambka

Affirmed · Decided 1896-11-30

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2There is in this case no bill of exceptions. If either the note, nor the affidavit of merits said to have been made by the defendant, is before us. Appellant urges that he filed a plea of the general issue, and with it a sufficient affidavit of merits, and that the court improperly struck his plea from the files. If this be so, he should, by bill of exceptions, have presented a record of what he and the court did in this regard. Bowlan v. Lambka, 57 Ill. App. 334; Van Cott v. Sprague, 5 Ill. App. 99; Baldwin v. McClellan, 50 Ill. App. 645. No error appearing, the judgment of the Superior Court is affirmed.

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