Chicago, Rock Island & Pacific Railway Co. v. Town of Calumet
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. R. W. Cliffobd, Judge, presiding.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Circuit Court of Cook County; the Hon. R. W. Cliffobd, Judge, presiding. This was an action originally brought before a justice of the peace by the Town of Calumet in Cook county, against The Chicago, Rock Island & Pacific Railway Company, to recover a fine under section 35 of an “Act in relation to fencing and operating railroads,” approved March 31,1874, in force July 1, 1874. Starr & Curtis’ Ann. Stat., chap. 114, par. 90. On a trial before the justice, plaintiff recovered a judgment of $200,…
1Opinion of the CourtJustice Craig
The question attempted to be raised by the cross-errors-is not presented by the record submitted for our consideration, and can not be considered. The rule is well settled that where a party desires to assign error on the decision of the court on a motion, the motion, the ruling of the court upon it, and the exception, should be preserved in the record by bill of exceptions. Here, on the motion of the defendant, the order of dismissal of May 24, 1892, was vacated and set aside, and the appeal was reinstated, but the motion has not been preserved, nor was any exception taken or preserved to…
2Cases cited5 opinions
- Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
- Kern v. StrasbergerIllinois Supreme Court · 1874
- Rich v. HathawayIllinois Supreme Court · 1857
- Hay v. HayesIllinois Supreme Court · 1870
- Hermann v. PardrigeIllinois Supreme Court · 1875
3Cited by17 opinions
- Commissioners of Savanna & York Drainage District v. DeLaVergneIllinois Supreme Court · 1921
- Wehrheim v. Thiel Detective Co.Appellate Court of Illinois · 1900
- People v. RiceAppellate Court of Illinois · 1925
- Christie v. WalkerAppellate Court of Illinois · 1906
- City of Chicago v. McNallyAppellate Court of Illinois · 1906
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