Ferris v. Commercial National Bank
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;-—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding.
1Opinion of the CourtJustice Baker
A motion is made by defendant in error to strike the bill of exceptions from the record. It appears from a memorandum endorsed thereon by the trial judge, that the bill of exceptions was presented to him on the sixth day of February, 1894, which was within the time limited therefor by the order of the court. The fact that the judge failed to sign the same until the 23d day of February, and then signed and sealed it nunc pro tunc as of the sixth day of February, should not be permitted to work to the detriment of plaintiffs in error. The rule is, that where a party moves in apt time he shall…
2Cases cited4 opinions
- Gray v. BrignardelloSupreme Court of the United States · 1864
- McIntyre v. PeopleIllinois Supreme Court · 1865
- Smith v. LyonsIllinois Supreme Court · 1875
- Leslie v. FischerIllinois Supreme Court · 1871
3Cited by23 opinions
- West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
- L. Gilbert Cohen v. Curtis Publishing Company, Curtis Circulation Company, Cowles Magazines, Inc., and the Hearst CorporationCourt of Appeals for the Eighth Circuit · 1964
- Mosier v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1942
- People v. ParkerIllinois Supreme Court · 1907
- Savoy Oil Co. v. EmerySupreme Court of Oklahoma · 1928
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