Miller v. Glass
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. The record in this case begins with the formalplaeita, then recites that Hov. 23, 1882, there was filed with the clerk of the superior court a transcript of a remanding order of the Appellate Court of the First District, which sets out such order, which is in the ordinary form, and purports to remand a cause between the same parties, from such appellate to the superior court; but the…
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Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. The record in this case begins with the formalplaeita, then recites that Hov. 23, 1882, there was filed with the clerk of the superior court a transcript of a remanding order of the Appellate Court of the First District, which sets out such order, which is in the ordinary form, and purports to remand a cause between the same parties, from such appellate to the superior court; but the record is silent as to any notice to any party or attorney, and as to any order of the superior court, re-instating the cause…
1Opinion of the CourtMcAllister, P. J.
In Sweeney v. The People, 28 Ill. 208, it was stated to be the general rule, that, on a writ of error, the party, to retain his judgment, must show a good record. That rule has been applied, in effect, in various cases, by the Supreme Court of this State, irrespective of the question whether the court wherein the judgment was entered was a court of general and superior jurisdiction, or inferior and limited. It means that, even where the court belongs to the former class, and its judgment is challenged, in a direct proceeding upon error or appeal, the record must show certain requisites, or…
2Cases cited3 opinions
- Ex parte CohenCalifornia Supreme Court · 1856
- Brockman v. McDonaldIllinois Supreme Court · 1854
- Sweeney v. PeopleIllinois Supreme Court · 1862
3Cited by7 opinions
- Rawson v. RawsonAppellate Court of Illinois · 1890
- Bates v. HillCourt of Appeals of Texas · 1912
- Morgan v. CampbellAppellate Court of Illinois · 1894
- McIntyer v. HousemanAppellate Court of Illinois · 1903
- Boggiano v. Chicago Macaroni Manufacturing Co.Appellate Court of Illinois · 1905
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