Carey v. Scherer
Appellate Court of Illinois
Memorandum.—In chancery. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Gary
This case is here presented on a record containing, not an original certificate by the judge of the evidence below, nor a transcript of the whole record below, but a transcript of part, and the original report of the master.
There is a stipulation by the attorneys “ that the original master’s report and testimony last filed herein, dated May —, 1894, may be incorporated in the record instead of a copy thereof.”
In Trustees v. Welchley, 19 Ill. 64, the Supreme Court say, “ We can not tolerate such a practice ” as that of bringing the original papers of the files of the court below into a court…
2Cases cited1 opinion
- Trustees of Schools of Town. 2—10 v. WelchleyIllinois Supreme Court · 1857
3Cited by2 opinions
- Beth Hammidrash Hagodol Ub'nay Congregation v. Oakwoods Cemetery Ass'nIllinois Supreme Court · 1902
- Pinkerton v. PinkertonAppellate Court of Illinois · 1918