Legal Opinion

Canning v. McMillan

Appellate Court of Illinois

Decided May 28, 1894Published

Memorandum.—Appeal from the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding.

1Opinion of the CourtJustice Gary

Acting'upon the considerations which moved the Supreme Court in Van Meter v. Lovis, 29 Ill. 488, we dismiss this appeal. We are satisfied that the appellant has no case. The bill of exceptions is no part of this record. Zielmski v. Remus, 46 Ill. App. 596, has been followed in many cases.

The fact that a stipulation is useless for the purpose expressed in it, is not enough to justify us to read it as effectual for a purpose not expressed. The stipulation is that “ the original bill of exceptions * * ' * may be incorporated * * * into the record,” which it would have been without the…

2Cases cited2 opinions

  1. Van Meter's Heirs v. Lovis' HeirsIllinois Supreme Court · 1863
  2. Zielinski v. RemusAppellate Court of Illinois · 1893

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