Brand v. Kleinecke
Appellate Court of Illinois
Bill to Foreclose a Trust Deed.—Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Hearing and bill dismissed upon the deposit of a tender, etc. Error by complainant.
1Opinion of the Court
Me. Peesiding Justice Windes
delivered the opinion of the court.
There is no certificate of evidence, and nothing in the record outside the bill and amendment, to show on what the chancellor based his action in dismissing the bill, or in refusing to set aside such, order of dismissal. Certain notices and affidavits, no' part of the bill or any pleadings, are copied into the transcript of the record by the clerk, but there being nothing in the record to show that they were ever called to the attention of, or considered by the court, they constitute no part of the record and must be disregarded.…
2Cases cited4 opinions
- Sweetland v. TuthillIllinois Supreme Court · 1870
- Vieley v. ThompsonIllinois Supreme Court · 1867
- Ames v. StockhoffAppellate Court of Illinois · 1898
- Emerson v. Western Union RailroadIllinois Supreme Court · 1874
3Cited by2 opinions
- Mason v. UedelhofenAppellate Court of Illinois · 1902
- Lauterjung v. Chicago Title & Trustee Co.Appellate Court of Illinois · 1910