Legal Opinion

Underwood v. Masterson

Appellate Court of Illinois

Decided November 5, 1896Published

Order, extending time to file a bill of exceptions. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.'

1Opinion of the CourtJustice Gary

April 25, 1896, the appeal was granted herein with leave to file a bill of exceptions within thirty days. July 28, 1896, the bill was filed nune,pro inmc, as of June 22, 1896. Whether we ought to assume that there was good reason for the nunc pro tnmo, we will not consider, as the tunc was nearly a month too late.

It is attempted to justify the delay by an order of the court, entered May 22, 1896, extending the time thirty days. If that order was entered without notice, Ry. Pass. & Frt. Cond. Ben. Assn. v. Leonard, 62 Ill. App. 477, is in point, that it was ineffectual; and notice being…

2Cases cited2 opinions

  1. Morgan v. CampbellAppellate Court of Illinois · 1894
  2. Railway Passenger & Freight Conductors' Mutual Aid and Benefit Ass'n v. LeonardAppellate Court of Illinois · 1896

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