Legal Opinion

Chicago & W. I. R. R. v. DeMarko

Appellate Court of Illinois

Decided February 1, 1894PublishedCited by 5 opinions

Memorandum.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the October term, 1893, and affirmed.

1Opinion of the CourtJustice Waterman

In the common law record of this case we find no error. We can not consider that portion of the transcript sought to be made a record by a bill of exceptions, because the so-called bill of exceptions was not sealed as well as signed by the judge who certified thereto.

It is indispensable that a bill of exceptions be signed and sealed by the judge by whom the same is made. Widows and Orphans’ Beneficiary Association v. Powers, 30 Ill. App. 82; Clive v. The Toledo, St. Louis & Kansas R. R. Co., 41 Ill. App. 516; Miller v. Jenkins, 44 Ill. 443; James v. Sprague, 2 Scam. 55; Mason v. Gibson, 13…

2Cases cited4 opinions

  1. Miller v. JenkinsIllinois Supreme Court · 1867
  2. Widows & Orphans' Beneficiary Ass'n v. PowersAppellate Court of Illinois · 1889
  3. Cline v. Toledo, St. Louis & Kansas City RailroadAppellate Court of Illinois · 1891
  4. Mason v. GibsonAppellate Court of Illinois · 1883

3Cited by5 opinions

  1. Elder v. BennettAppellate Court of Illinois · 1898
  2. Cudney & Co. v. MartindaleAppellate Court of Illinois · 1900
  3. City of Bloomington v. ClarkAppellate Court of Illinois · 1898
  4. Masterson v. FurmanAppellate Court of Illinois · 1899
  5. Schwartz v. MandelAppellate Court of Illinois · 1907

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