Fielden v. People
Illinois Supreme Court
Wbit of Fbrob to the Criminal Court of Cook county. At the March 'term, 1888, of this court, motion was made to this court, in the words following: “And now comes the plaintiff in error Samuel Fielden, and the plaintiff in error Michael Schwab, and the plaintiff in error Oscar W. Neebe, and each for himself says, that in a certain entry upon the records in the above entitled cause, purporting to have been entered on the 14th day of September, A. D. 1887, there is error, and…
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Wbit of Fbrob to the Criminal Court of Cook county. At the March 'term, 1888, of this court, motion was made to this court, in the words following: “And now comes the plaintiff in error Samuel Fielden, and the plaintiff in error Michael Schwab, and the plaintiff in error Oscar W. Neebe, and each for himself says, that in a certain entry upon the records in the above entitled cause, purporting to have been entered on the 14th day of September, A. D. 1887, there is error, and the said entry on said record in said cause is false and untrue, the recital in saidTecord being as follows: “ ‘On this…
1Opinion of the CourtJustice Scholeield
The purpose of the proposed amendment of the record, as we learn from the argument of counsel, is to make it appear by the record that these plaintiffs in error have been deprived of an important constitutional right,—that of being present when this court rendered judgment affirming the judgment of the Criminal Court of Cook county,—they contending, that without their presence such judgment could not be pronounced. The effect which it is claimed will result from the proposed amendment, is, therefore, in derogation of the judgment,—as they contend, to nullify and destroy it. It must, hence, be…
2Cases cited4 opinions
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
- Chicago Planing Mill Co. v. Merchants' National BankIllinois Supreme Court · 1881
- State v. BuhsSupreme Court of Missouri · 1853
- People v. ClarkNew York Supreme Court · 1852
3Cited by14 opinions
- Tomlinson v. StateNew Mexico Supreme Court · 1982
- O'Sullivan v. PeopleIllinois Supreme Court · 1892
- McCormick v. StateNebraska Supreme Court · 1902
- Ward v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- Marzen v. PeopleIllinois Supreme Court · 1901
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