Crull v. Keener
Illinois Supreme Court
This was an agreed case, certified by the clerk of the Circuit Court of Scott county, submitting certain questions, under the statute of limitations, to this court for its consideration and decision. The case was designed to come within the provisions of the seventeenth section of the twenty-ninth chapter of the Revised Statutes of 1845, entitled “ Courts.” The case of JDickerson v. Sprague was certified from the Cass Circuit Court, under the same circumstances.
1Opinion of the Court
Catón, J.
This court has only appellate jurisdiction, except in certain specified cases, of which this is not one. Sec. 5, Art. 5, Const. In this case no decision was ever made in the Circuit Court; but the counsel have stipulated or certified that certain questions of law arise in the case, which are still pending and undetermined in that court; and on that stipulation the questions are brought here, and we are asked to decide them in the first instance, and for the Circuit Court. This is neither contemplated by the statute nor allowed by the constitution. The word appellate in the…
2Cited by8 opinions
- State v. JohnsonUtah Supreme Court · 1941
- Vail v. DinningSupreme Court of Missouri · 1869
- People ex rel. Dickinson v. Board of TradeIllinois Supreme Court · 1901
- Moore v. BolinAppellate Court of Illinois · 1880
- Village of Jefferson v. Bohemian National Cemetery Ass'nAppellate Court of Illinois · 1880
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