Daniels v. Shields
Illinois Supreme Court
Appeal from the Circuit Court of Will County; the Hon. Jesse O. Nobton, Judge, presiding. This was an action of ejectment instituted in the court below by John II. Daniels against Michael Shields, to recover certain real estate situate in the City of Joliet, described as block three and block four, in the Canal Trustee’s Sub-Division of the west half of section nine, township thirty-five, range ten east.
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Appeal from the Circuit Court of Will County; the Hon. Jesse O. Nobton, Judge, presiding. This was an action of ejectment instituted in the court below by John II. Daniels against Michael Shields, to recover certain real estate situate in the City of Joliet, described as block three and block four, in the Canal Trustee’s Sub-Division of the west half of section nine, township thirty-five, range ten east. A trial before the court, without a jury, resulted in a finding and judgment for the defendant. The plaintiff thereupon took this appeal. It' appears that the case was tried in the court…
1Opinion of the CourtChief Justice Walker
Even if it were conceded that the agreement of the parties, as to the facts of this case, became a part of the record without being embodied in a bill of exceptions, it does not follow that the motion for a new trial should not have been preserved by a bill of exceptions. The mere entry of a motion does not make the motion or reasons therefor a part of the record, but that must be done by bill of exceptions. This has been the uniform practice of this court announced in numerous decisions, running through our reports from an early period to the present time. Stickney v. Cassell, 1 Gilm. 418;…
2Cases cited2 opinions
- Dickhut v. DurrellIllinois Supreme Court · 1849
- Pottle v. McWorterIllinois Supreme Court · 1851
3Cited by19 opinions
- Graham v. PeopleIllinois Supreme Court · 1886
- Nason v. LetzIllinois Supreme Court · 1874
- Reichwald v. GaylordIllinois Supreme Court · 1874
- Jones v. BuffumIllinois Supreme Court · 1869
- McClurkin v. EwingIllinois Supreme Court · 1866
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