Steele v. People
Illinois Supreme Court
There was a joinder in error, and a submission of this cause, by both parties, for decision at the present term of the court.
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There was a joinder in error, and a submission of this cause, by both parties, for decision at the present term of the court. On a subsequent day of the term, the counsel for the plaintiff in error moved the court for an award of a writ of certiorari / and in support of the motion presented his own affidavit that upon an examination of the record in the court below it appeared the cause was there tried by eleven jurors only, when it appeared from the transcript of the record brought to this court that the cause was tried by twelve jurors, and, therefore, he says the same is not a correct…
1Opinion of the Court
Per Curiam :
As a rule of practice, we will not entertain an application of this character after the' term at which the cause was submitted to the court for decision. If made during the term, however, we can entertain the motion, and, upon cause shown, will afford the party an opportunity of bringing up a correct transcript of the record. But we must regard this motion for a writ of certiorari, as including an application to set aside the submission and the joinder in error, as the present condition of the case in that regard is inconsistent with the character of relief sought.
The submission…
2Cited by3 opinions
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Illinois Steel Co. v. SzutenbachAppellate Court of Illinois · 1896
- Martin v. ForceSupreme Court of Colorado · 1877