Hawley v. Huth
Appellate Court of Illinois
Action of assumpsit. Appeal from the County Court of Kendall County; the Hon. William Hill, Judge, presiding. Heard in this court at the October term, 1908.
1Opinion of the CourtJustice Dibell
Hawley appeals from a judgment for $254.40 recovered against him by Huth, the plaintiff in an action of assumpsit tried without a jury. The bill of exceptions does not contain any exception to the finding or the judgment of the court. Defendant made a motion for a new trial, which was denied. The abstract states that defendant excepted to the denial of that motion, but the bill of exceptions contains no such exception. The abstract should speak the truth about the record. An omission to preserve an exception in a bill of exceptions cannot be cured by placing such an exception in the abstract.…
2Cases cited16 opinions
- James v. DexterIllinois Supreme Court · 1885
- Palmer v. Meriden Britannia Co.Illinois Supreme Court · 1900
- East St. Louis Electric Street Railroad v. CauleyIllinois Supreme Court · 1894
- Gould v. HoweIllinois Supreme Court · 1889
- Firemen's Insurance v. PeckIllinois Supreme Court · 1888
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3Cited by8 opinions
- City of Rockford v. ComptonAppellate Court of Illinois · 1904
- Anderson v. City of GalesburgAppellate Court of Illinois · 1905
- Devine v. Chicago City Railway Co.Appellate Court of Illinois · 1912
- Henion v. VavrikAppellate Court of Illinois · 1906
- Herbig v. MetzgerAppellate Court of Illinois · 1905
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