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99 Ill. App. 21

Vosseler v. Wheeler

Appellate Court of Illinois

Decided November 1, 1901

Appellate Court of Illinois · decided 1901-11-01

<p>1. Bills of Exception — Musi be Under the Seal of the Trial Judge. —Unless a bill of exceptions is under the seal of the trial judge the evidence upon which the assignment is based can not be considered by the Appellate Court.</p>

Relies on Elder v. Bennett · Higgins v. Hide & Leather National Bank · Harman v. Brigham

Affirmed · Decided 1901-11-01

Mr. Justice Shepard

¶1delivered the opinion of the court.

¶2This is an appeal from a judgment of restitution in a forcible detainer suit begun by the appellee against the appellant.

¶3The merits of the case have been heard, and judgment in favor of the plaintiff had twice, once before the justice and again before a judge of the Superior Court, a jury having been waived.

¶4The purported bill of exceptions is not sealed, and for that reason the evidence, upon which all assigned errors are based, can not be considered by us. Higgins v. Hide and Leather Bank, 88 Ill. App. 33; Elder v. Bennett, 79 Ill. App. 335; Bloomington v. Lishka, 78 Ill. App. 389; Harman v. Brigham, 78 Ill. App. 427.

¶5We might add that we have looked into the so-called bill of exceptions sufficiently to satisfy us that the judgment below was not wrong. Affirmed.

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