Legal Opinion

Kilmer v. Parrish

Appellate Court of Illinois

Decided August 10, 1908No. Gen. No. 5,010PublishedCited by 10 opinions

Trespass. Appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Thompson

delivered the opinion of the court.

It is contended by the plaintiff that the court erred in overruling the motion for leave to amend the attachment in aid made before the trial. The ruling of the court upon that motion can only be presented by a bill of exceptions setting forth the affidavit, the ruling and an exception thereto. Motions and affidavits are not a part of a proper common law record: it is not sufficient that the clerk copy them into the transcript but they must be preserved with an exception to the ruling by a bill of exceptions. McFarland v.…

2Cases cited9 opinions

  1. Coughran v. GutcheusIllinois Supreme Court · 1857
  2. Bailey v. Valley National BankIllinois Supreme Court · 1889
  3. McFarland v. ClaypoolIllinois Supreme Court · 1889
  4. Paul v. LeyenbergerAppellate Court of Illinois · 1885
  5. Hackett v. PrattAppellate Court of Illinois · 1893

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3Cited by10 opinions

  1. Henschen v. New York Central RailroadIndiana Supreme Court · 1945
  2. Schutz v. RoseIndiana Court of Appeals · 1964
  3. Green v. OakleyIndiana Court of Appeals · 1969
  4. Aboltin v. HeneyWashington Supreme Court · 1911
  5. Browder v. BeckmanAppellate Court of Illinois · 1934

5 more not listed; retrieve them via the Exa API.

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