Gibbs v. Blackwell
Illinois Supreme Court
Writ of Error to the Circuit Court of Henry county. The record in this cause was filed on the 23d day of April, 1863, and, on the 13th of May following, the court ordered that the writ of error which should issue should operate as a supersedeas. The assignment of errors was set forth in the written abstract and brief of the plaintiff, but was not written upon or attached to the original transcript of the record.
Read the full summary
Writ of Error to the Circuit Court of Henry county. The record in this cause was filed on the 23d day of April, 1863, and, on the 13th of May following, the court ordered that the writ of error which should issue should operate as a supersedeas. The assignment of errors was set forth in the written abstract and brief of the plaintiff, but was not written upon or attached to the original transcript of the record. There were no printed abstracts or briefs filed, nor had the plaintiff deposited money with the clerk to enable him to cause the abstract tobe printed; neither had he caused a writ of…
1Opinion of the Court
Per Curiam :
The rule of the court requires the errors to be assigned upon the original record, or attached thereto; but the errors having been assigned upon the abstract and brief, upon condition that the rule be at once complied with, we will not regard the first objection as well taken. Where a writ of error is made to operate as a supersedeas, inadvertently, without an assignment of errors on the record, the court, upon its attention being called to the omission, will require them to be assigned at once, and, in default thereof, will dismiss the cause. The seventh rule of the court…
2Cited by4 opinions
- Ditch v. SennottIllinois Supreme Court · 1886
- People ex rel. Oelsner v. AndrusIllinois Supreme Court · 1921
- Benneson v. SavageIllinois Supreme Court · 1886
- Rockford Insurance v. TravelsteadAppellate Court of Illinois · 1889