Smith v. Newland
Illinois Supreme Court
This was a writ of error to reverse a decree in chancery, a deposition, which was suppressed on the hearing in the court below, having been copied into the transcript of the record, a motion was made in this court to strike that deposition from the record.
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This was a writ of error to reverse a decree in chancery, a deposition, which was suppressed on the hearing in the court below, having been copied into the transcript of the record, a motion was made in this court to strike that deposition from the record. The question is presented, whether the deposition, notwithstanding its suppression, did not still remain a part of the record, and herein, of the necessity or propriety of the usei of bills of exceptions in chancery practice.
1Opinion of the Court
Per Curiam :
This is a motion to strike from the record the deposition of a witness. It was suppressed on the hearing in the court below. This order of the court is assigned for error; but, inasmuch as the deposition is merely copied into the record by the clerk, without being preserved in a bill of exceptions, and inasmuch as no exception was taken to the ruling of the court below suppressing it, it is urged that the deposition is improperly in the record. The proceeding however was in chancery. The rules of chancery practice do not require that exceptions should be taken to the various…
2Cited by20 opinions
- Miller v. AndersonIllinois Supreme Court · 1915
- Blackburn v. MorrisonSupreme Court of Oklahoma · 1910
- Indrisano's CaseMassachusetts Supreme Judicial Court · 1940
- Jackson v. SackettIllinois Supreme Court · 1893
- Miller v. WhelanIllinois Supreme Court · 1895
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