Anonymous
Illinois Supreme Court
Me. Scates stated to the court that upon the hearing of this cause it would be necessary to produce some of the original papers used on the trial below, with a view to their inspection by the court,-and the detection of certain erasures and interlineations appearing therein, and which do not appear in the transcript, and inquired whether a rule would be entered, upon mere suggestion, requiring the clerk below, in whose custody they were, to send them to this court, or…
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Me. Scates stated to the court that upon the hearing of this cause it would be necessary to produce some of the original papers used on the trial below, with a view to their inspection by the court,-and the detection of certain erasures and interlineations appearing therein, and which do not appear in the transcript, and inquired whether a rule would be entered, upon mere suggestion, requiring the clerk below, in whose custody they were, to send them to this court, or whether an application for the rule must be based upon affidavit.
1Opinion of the Court
Per Curiam :
the clerk of the court below is the legal custodian of the records and files therein, and we have no power to compel him to surrender them to any other person. We may, as we often have done, request the clerk to send to us ^original papers which are in his custody, for our inspection, upon mere suggestion that such inspection would be important in determining the rights of parties, and have no doubt he will readily comply.
We might, perhaps, upon proper application, the necessity of so doing being shown, award a subpoena duces tecum, and thereby require the clerk to appear in…
2Cited by1 opinion
- Kahl v. DevineAppellate Court of Illinois · 1922