Legal Opinion

Garrick v. Chamberlain

Illinois Supreme Court

Decided March 15, 1880PublishedCited by 3 opinions

This is an appeal from an Appellate court, the original transcript from the trial court being filed in this court. The appellants move the court to strike out of the record certain portions thereof which the clerk of the trial court has certified were read in evidence therein, consisting of certain sections from the statute book of the State of Ohio, with no warrant therefor other than a direction in the original bill of exceptions, as follows: “(Here insert §§ -, Swan’s…

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This is an appeal from an Appellate court, the original transcript from the trial court being filed in this court. The appellants move the court to strike out of the record certain portions thereof which the clerk of the trial court has certified were read in evidence therein, consisting of certain sections from the statute book of the State of Ohio, with no warrant therefor other than a direction in the original bill of exceptions, as follows: “(Here insert §§ -, Swan’s Stat. O. 1854.)”

1Opinion of the Court

Dickey, J.:

This is an appeal from the decision of the Appellate Court. Motion is made here, on suggestions in the record, to expunge from the transcript certain matters alleged not to be properly a part of the record. Part of the matter consisted of a copy of the Statutes of Ohio, and the judge who tried the case says that such statutes were offered and admitted as follows, and then in parenthesis: (“Here insert in the original bill of exceptions”), but they are not in here. They are not in the original bill of exceptions; they are transcribed in full in the record. That has been the practice…

2Cited by3 opinions

  1. Shurtliff v. Extension Ditch Co.Idaho Supreme Court · 1908
  2. Hand v. WaddellIllinois Supreme Court · 1897
  3. Mosher v. ScofieldAppellate Court of Illinois · 1894

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