West Chicago St. R. R. v. Scanlan
Appellate Court of Illinois
Trespass on the Case.—Death from negligent act. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Shepard
delivered the opinion of the Court.
The appellee has moved that this appeal be dismissed, because it is not shown in the bill of exceptions that the appeal was prayed for and allowed.
The same order, contained in the record proper, or common law record of the case, that was made overruling the motion for a new trial and giving judgment upon the verdict, shows that the appeal was prayed and allowed to this court. That was all that was required.
The appropriate place for the prayer and allowance of an appeal is in the common law record of a case, and not in the bill of…
2Cases cited9 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- City of Chicago v. ScholtenIllinois Supreme Court · 1874
- Chicago West Division Railway Co. v. RyanIllinois Supreme Court · 1890
- Rockford, Rock Island & St. Louis R. R. v. DelaneyIllinois Supreme Court · 1876
- Toledo, Wabash & Western Railway Co. v. GrableIllinois Supreme Court · 1878
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3Cited by3 opinions
- Chicago, R. I. & P. Ry. Co. v. BurkeAppellate Court of Illinois · 1902
- West Chicago Street Railroad v. MabieAppellate Court of Illinois · 1898
- Lawton v. EwingAppellate Court of Illinois · 1926