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67 Ill. App. 315

Underwood v. Masterson

Appellate Court of Illinois

Decided November 5, 1896

Appellate Court of Illinois · decided 1896-11-05

<p>1, Bills of Exceptions—Orders Extending Time to File.—An order to extend the time to file a bill of exceptions without notice to the opposite party is ineffectual.</p> <p>2. Same—Filing of, Nune Pro Tune.—An order made at a subsequent term allowing a bill of exceptions to be filed nunc pro tunc is a nullity.</p> <p>2. Presumptions—Where Notice is Required.—Where the service of notice is jurisdictional such service will not be presumed.</p>

Relies on Morgan v. Campbell · Railway Passenger & Freight Conductors' Mutual Aid and Benefit Ass'n v. Leonard

Motion allowed · Decided 1896-11-05

Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2April 25, 1896, the appeal was granted herein with leave to file a bill of exceptions within thirty days. July 28, 1896, the bill was filed nune,pro inmc, as of June 22, 1896. Whether we ought to assume that there was good reason for the nunc pro tnmo, we will not consider, as the tunc was nearly a month too late.

¶3It is attempted to justify the delay by an order of the court, entered May 22, 1896, extending the time thirty days. If that order was entered without notice, Ry. Pass. & Frt. Cond. Ben. Assn. v. Leonard, 62 Ill. App. 477, is in point, that it was ineffectual; and notice being jurisdictional, Morgan v. Campbell, 54 Ill. App. 242, is in point that it will not be presumed.

¶4There is nothing before us from which notice can be inferred, and therefore, on motion of the appellees, the bill of exceptions is stricken out of the record.

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