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80 Ill. App. 58

Rosin v. Wilde

Appellate Court of Illinois

Decided January 24, 1899

Appellate Court of Illinois · decided 1899-01-24

<p>1. Assignment of Errors—For the Lack of Which the Judgment Must Be Affirmed.—For lack of an assignment of errors written upon or attached to the record,'the judgment must be affirmed.</p>

Relies on Ditch v. Sennott · Lancaster v. Waukegan & Southwestern Railway Co. · Williston v. Fisher

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1899-01-24

How this case has been cited

Cited by 6 later decisions — most recently March 1941

6 state decisions

20189919001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hr. Justice Shepard

¶1delivered the opinion of the court.

¶2For lack of an assignment of errors, written upon or attached to the record, the judgment must be affirmed. Oakland Hotel Co. v. Driscoll, 67 Ill. App. 114, where reference to earlier cases may be found.

¶3The assignment of errors upon the record is not a mere form that will be considered waived if not objected to, but one of substance; it is the pleading in this court of the appellant or plaintiff in error, and if this court were to inadvertently reverse a judgment in a case where no error had been assigned, the judgment of reversal would be set aside upon motion, as would be done in the trial court if a judgment for the plaintiff should there be entered without a declaration. Ditch v. Sennott, 116 Ill. 288; Williston v. Fisher, 28 Ill. 43.

¶4It is not enough to say that in such cases the earlier practice to dismiss the appeal without costs should be followed, instead of affirming the judgment." The latest authority is to- affirm. Lancaster v. W. & S. Ry. Co., 132 Ill. 492; Oakland Hotel Co. v. Driscoll, supra. Affirmed.

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