Legal Opinion

Wallahan v. People

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 10 opinions

The bill of exceptions originally embodied in this record having been stricken out at the last April Term, for the reasons then given, an additional transcript was filed at the present September Term, containing an amended bill of exceptions; and, thereupon, Mr. R. E. Williams and Mr. T. M. Shaw, for the appellants, moved the court to strike such additional transcript from the files, insisting the same is not legally and properly any part of the record in this cause, the…

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The bill of exceptions originally embodied in this record having been stricken out at the last April Term, for the reasons then given, an additional transcript was filed at the present September Term, containing an amended bill of exceptions; and, thereupon, Mr. R. E. Williams and Mr. T. M. Shaw, for the appellants, moved the court to strike such additional transcript from the files, insisting the same is not legally and properly any part of the record in this cause, the bill of exceptions therein certified being signed and filed two years and four months after the trial of the cause. The…

1Opinion of the Court

Per Curiam :

An amendment of a bill of exceptions, incorporating evidence alleged to have been omitted from the original bill of exceptions, should not be allowed at a term subsequent to that at which the trial was had, unless there is something in the court below to amend by. But where the court below has made the amendment, in the absence of any exception to the source of information upon which the court acted, we must presume there was something to amend by— some note or memorandum of the evidence, sufficient to enable the court to make the proper amendment.

Had the party objecting to this…

2Cited by10 opinions

  1. Darrier v. DarrierSupreme Court of Missouri · 1874
  2. People v. RosenwaldIllinois Supreme Court · 1915
  3. Nagel v. PeopleIllinois Supreme Court · 1907
  4. Tracy's Administratrix v. Carver Coal Co.West Virginia Supreme Court · 1905
  5. Fame Insurance v. MannAppellate Court of Illinois · 1879

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