Hippach v. First National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. Judgment was entered in favor of the appellee bank, against the appellant, in the circuit court of Cook county at the May term, 1896. The action was in debt.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jonas Hutchinson, Judge, presiding. Judgment was entered in favor of the appellee bank, against the appellant, in the circuit court of Cook county at the May term, 1896. The action was in debt. The declaration was filed to the said May term of said court, and counted upon a decree rendered by the district court in and for the. county of Sheridan and State of Nebraska, in favor of the appellee bank, against .the appellant, in the sum of $3385.46. Judgment in…
1Opinion of the CourtJustice Boggs
The appellant insists a copy of the decree sued on was not filed with the declaration, nor ten days before the first day of the term, and for that reason urges it was error to enter judgment against him. The record in this court does not contain a bill of exceptions. A copy of the decree, if filed, would not have formed a part of the declaration. (Harlow v. Boswell, 15 Ill. 56; Stratton v. Henderson, 26 id. 68; Franey v. True, 26 id. 184.) If not a part of the pleading it was not a part of the record proper in the cause. A bill of exceptions was necessary to preserve it as a part of the…
2Cases cited2 opinions
- Harlow v. BoswellIllinois Supreme Court · 1853
- Garrity v. LozanoIllinois Supreme Court · 1876
3Cited by6 opinions
- Jones v. City of ChicagoAppellate Court of Illinois · 1912
- Hellen v. HellenAppellate Court of Illinois · 1912
- Von Hermann v. BerryAppellate Court of Illinois · 1902
- Dickason v. MillsAppellate Court of Illinois · 1898
- Gasen v. Firemen's InsuranceAppellate Court of Illinois · 1929
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