Wilder v. House
Illinois Supreme Court
The defendant in error in this case moved the court to strike the bill of exceptions from the record, because, as was alleged, the order of the court below required the bill of exceptions to be filed within ten days after the 17th day of March, 1866, while, in fact, it was not filed until the month of October following ; and the affidavit of the clerk of the Circuit Court was filed in support of the motion.
1Opinion of the Court
Per Curiam :
This bill of exceptions appears to have been properly signed by the judge at the term at which the cause was tried, and filed within the time allowed for that purpose. We cannot, therefore, alter the record upon affidavits. If there is any irregularity in the making or filing of the hill of exceptions, application should be made, upon notice to the opposite party, to the court below to correct the record. The record, as certified to this court, imports verity; and we will not undertake to reform it; that belongs alone to the court where the record was made and the cause was tried.
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2Cited by3 opinions
- Pieser v. Minkota Milling Co.Illinois Supreme Court · 1906
- People v. PowersAppellate Court of Illinois · 1916
- Talty v. District of ColumbiaDistrict of Columbia Court of Appeals · 1902