Shroeder v. Clarke

Decided September 10, 1897

Appellate Court of Illinois · decided 1897-09-10

<p>1. Appellate Court Practice—Where There is Uncertainty as to What is Before the Court.—In the trial court two cases between the same parties were tried together and verdicts returned, but no judgments appear to have been rendered, and no stipulation is filed as to which case is appealed. Held, that with this uncertainty about the matter the appeal must be dismissed.</p>

Cited by 1 later decisions — most recently February 1988

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1897-09-10

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Opinion per Curiam.

¶1Hovember 16,1896, plaintiff in error recovered two judgments, for $124.28 each, against defendants in error, before H. S. Burbes, a justice of the peace of Randolph county, from which defendants appealed to the Circuit Court of said county.

¶2On the trial in the Circuit Court the parties agreed that the two cases should be tried by the same jury. In one of the cases the jury returned a verdict in favor of the defendants, and in the other returned a verdict as follows: “ We, the jury, find the defendant entitled to a credit of $93.50 (ninety-three dollars fifty cents-), leaving bal. due plaintiff $38 (thirty-eight dollars).”

¶3USTo judgment appears to have been rendered on either of the verdicts, and no stipulation filed as to which case has been brought here. With this uncertainty about the entire matter, this court can do nothing but dismiss the case.