Rohde v. Lehman
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Declaration for work and labor; plea, general issue, affidavits of merit; trial by jury; verdict and judgment for plaintiff; defendant appeals. Heard in this court at the March term, 1893, and affirmed.
1Opinion of the Court
Opinion of the Court,
Waterman, J.
We find in the record of that case a stipulation that the original bill of exceptions be incorporated in the record of this cause. Such stipulation has no effect. A bill of exceptions is a part of the record. The court by its act made that a part of the record which otherwise would not be so.
The bill of exceptions was no more a part of “ incorporated in the record” after this stipulation than before. The statute provides that parties may by stipulation have the original bill of exceptions incorporated in a transcript of the record without being liable to pay…
2Cited by2 opinions
- Harris v. ShebeckAppellate Court of Illinois · 1893
- Mason v. StrongAppellate Court of Illinois · 1894