Kiesewetter v. Supreme Tent of the Knights of the Maccabees of the World
Appellate Court of Illinois
Action of assumpsit upon benefit certificate. Appeal from the Circuit. Court of Cook County; the Hon. Frank Baker, Judge, presiding. Heard in this court at the March term, 1903.
1Opinion of the CourtJustice Ball
When the court overruled the motion for a new trial appellant did not except thereto; but, after judgment was entered, and “ upon the same day,” she entered one exception to both orders. Since the case of Gibbons v. Johnson, 3 Scam. 63, the uniform rule in this state has been that an exception to any ruling of the trial court is futile unless it is taken at the time the ruling is made; and the bill of exceptions must affirmatively show that it was taken at that time. Dickhut v. Durrell, 11 Ill. 84; Pottle v. McWhorter, 13 Ill. 454; E. St. L. El. Ry. Co. v. Cauley, 148 Ill. 490. It follows…
2Cases cited8 opinions
- East St. Louis Electric Street Railroad v. CauleyIllinois Supreme Court · 1894
- Garrity v. Hamburger Co.Illinois Supreme Court · 1891
- City Electric Railway v. JonesIllinois Supreme Court · 1896
- Staude v. SchumacherIllinois Supreme Court · 1900
- Pottle v. McWorterIllinois Supreme Court · 1851
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