Boynton v. Champlin
Illinois Supreme Court
In this case, upon a hearing at the last term, the judgment of the court below was reversed. At the present term the defendant in error filed his petition for a rehearing, and, among other .grounds in support of his application, sets up an alleged diminution of the record, producing affidavits showing in what the diminution consists.
1Opinion of the Court
Per Curiam :
Upon an application for a rehearing, -we can-
not entertain a suggestion of a diminution of the record, nor can we receive affidavits. To have rendered the alleged diminution availing, the defendant in error should have moved for a writ of certiorari before joinder in error, or, having joined in error, he should have asked leave to withdraw his joinder for that purpose. By his joinder in error the defendant admitted the record was complete, and, failing to obtain leave to withdraw his joinder before submitting the cause, he is concluded on that subject. We cannot now consider of…
2Cited by3 opinions
- Koren v. RoemheldAppellate Court of Illinois · 1881
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Thompson v. Economy Furniture Co.Appellate Court of Illinois · 1896