Legal Opinion

Farwell v. Sturges

Appellate Court of Illinois

Decided April 22, 1895Published

Submission Under the Act to Avoid Delay in the Administration of Justice.—Error to the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the March term, 1895. Statement oe the Case. This was a proceeding wherein certain matters in controversy were submitted to the Honorable Murray F. Tuley, one of the judges of the Circuit Court of Cook County, under the provisions of an act approved June 17,1887 (Hurd’s Eev.

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Submission Under the Act to Avoid Delay in the Administration of Justice.—Error to the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the March term, 1895. Statement oe the Case. This was a proceeding wherein certain matters in controversy were submitted to the Honorable Murray F. Tuley, one of the judges of the Circuit Court of Cook County, under the provisions of an act approved June 17,1887 (Hurd’s Eev. Stat. Ill., 1891, Secs. 100 and 101, Chap. 110, entitled Practice), which are as follows: “ See. 1. That any two or more persons or…

1Opinion of the CourtJustice Shepard

It is apparent, we think, from the decree of Judge Tuley, that there were no other agreements of submission to him than such as are recited in his decree, and we can not, therefore, properly consider the paper that is certified to us and called a supplemental record.

The decree, therefore, with the agreements therein set forth, will be treated by us as constituting the entire record before us.

It is next urged with much persuasiveness that the decree must be reversed because the agreements set out therein were not “ entered of record,” as said in the statute, and that their failure “ to be…

2Cases cited4 opinions

  1. Grant v. BeronioCalifornia Supreme Court · 1893
  2. Phœnix Mutual Life Insurance v. BatchenAppellate Court of Illinois · 1880
  3. Ransom v. HendersonIllinois Supreme Court · 1885
  4. Thompson v. DuffIllinois Supreme Court · 1887

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