Hersey v. Schaedel
Appellate Court of Illinois
Error to the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This suit was commenced by Amanda E. Hersey against Emil C. Schaedel, before a justice of the peace of Cook county, where the plaintiff recovered a judgment for $160 and costs.
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Error to the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This suit was commenced by Amanda E. Hersey against Emil C. Schaedel, before a justice of the peace of Cook county, where the plaintiff recovered a judgment for $160 and costs. On petition of the defendant, a writ of certiorari was issued to remove said cause into the circuit court, and thereupon the plaintiff moved to quash said writ, on the ground of the insufficiency of the defendant’s petition therefor. This motion being overruled, no further proceedings were had in the court below, and the cause is…
1Opinion of the CourtBailey, P. J.
The record in this case contains no bill of exceptions, and although the clerk has recited as a part of the proceedings, that a motion to quash the writ was interposed and overruled, and that an exception to such decision was taken, such matters can be made a part of the record, so as to be subject to review in an appellate court only by bill of exceptions. Van Cott v. Sprague, 5 Brad well, 99.
But there is another insuperable obstacle in the way of our entertaining jurisdiction of this cause or considering the error assigned, growing out of the fact that no final judgment has been rendered by…
2Cited by3 opinions
- Le Fevere v. WatsonAppellate Court of Illinois · 1897
- Peters v. DarlingAppellate Court of Illinois · 1903
- Two Rivers Coal Co. v. VaughnAppellate Court of Illinois · 1915