Peterson v. Dugan

Decided December 28, 1896

Appellate Court of Illinois · decided 1896-12-28

<p>1. Bill of Exceptions—What Does Not Constitute.—In a roll of papers certified by a circuit clerk upon the back of a copy of an affidavit was a date and the word “ approved,” followed by the signature and seal of a judge of the Circuit Court, and upon the back of the assignment of errors were the words “ presented in open court the 22d of September, 1896,” followed by the signature and seal of the judge. Held that the papers so marked did not constitute a bill of exceptions.</p>

Affirmed · Decided 1896-12-28

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2There is in this case no bill of exceptions. Heither the affidavits nor the copies of the same presented to the court below are before this court.

¶3In the roll certified by the clerk, upon the back of what seems to be a copy of an affidavit, we find the following, in figures: A date, whether the 24th or 25th of “ Sep., ’96,” we are unable to determine, the word “ approved,” followed by the signature and seal of a judge of the Circuit Court.

¶4This paper appears to have been, filed in the Circuit Court September 24, 1896.

¶5We also find upon the back of the assignment of errors, the words “ Presented in open court the 22d of September, 1896,” followed by the signature and seal of the judge.

¶6Evidently some one in presenting what was designed for a bill of exceptions, has made a mistake.

¶7The order of the Circuit Court refusing to set aside the judgment, is affirmed.