Boyle v. Levings
Illinois Supreme Court
This was an action of trover, for a promissory note. The declaration also charged a conversion of banh notes and coin. The general issue was pleaded. Also, a special plea, that the note, which was payable to the plaintiff below, was only nominally hers, but really the property of the defendant. With a notice that the defendant below would give in evidence on the trial, under the general issue, a judgment before Justice Parks, in his favor, against the plaintiff below.
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This was an action of trover, for a promissory note. The declaration also charged a conversion of banh notes and coin. The general issue was pleaded. Also, a special plea, that the note, which was payable to the plaintiff below, was only nominally hers, but really the property of the defendant. With a notice that the defendant below would give in evidence on the trial, under the general issue, a judgment before Justice Parks, in his favor, against the plaintiff below. Yerdict and judgment for plaintiff below. The defendant below appealed. The bill of exceptions does not show any motion for a…
1Opinion of the Court
Catón, C. J.
The only question which is so presented in this case, as to warrant an examination by this court is, Could trover be maintained for the wrong complained of ? We cannot ¡examine the decision of the court overruling the motion for a new trial, for the reason that it is not shown in the bill of ¡exceptions. The- clerk states in the record, that the defendant ¡excepted to the overruling of the motion for a new trial. But '•that does not make it a part of the record. It could only be •made so, by a bill of exceptions. The law requires the certificate of the judge and not of the clerk,…
2Cited by13 opinions
- Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
- Pajak v. MamschAppellate Court of Illinois · 1949
- David M. Force Manufacturing Co. v. HortonIllinois Supreme Court · 1874
- Hem v. AllenAppellate Court of Illinois · 1913
- Butt v. LeeAppellate Court of Illinois · 1888
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