Darling v. Reinert

Mr. PRESIDING JUSTICE THOMAS J. MORAN

dissenting in part and concurring in part:

To afford perspective to my view of the case, it is necessary to present the sequence of “facts” related in a purported bystander’s record supplied to us under Supreme Court Rule 323 (c). That rule provides that the trial court shall hold hearings, if necessary, and promptly settle, certify and order an accurate report of proceedings. Rather than settling any conflict, the record provided seems to place this court in the position of a nisi prius tribunal for, on September 24, 1970, the two magistrates and the…