Alley v. McCabe

Citations

• 147 Ill. 410
• 35 N.E. 615

Syllabus

<p>1. Bill of exceptions—must be signed by the judge. A paper purporting to be a bill of exceptions, copied into the transcript of the record, not signed by the judge who tried the case, can not be considered by this court as a bill of exceptions, for the reason that the trial judge died before the time allowed by him for filing the same. Attorneys can not, by putting a paper on file and calling it a bill of exceptions, give it that effect.</p> <p>2. Same—how supplied—death of trial judge without signing. If the Appellate Court may be asked to resort to the extreme measure of granting a new trial merely because a bill of exceptions could not be ■obtained, every reasonable effort should be made by the appellant to avoid that necessity. If application is made to another judge to sign the bill on the ground of the death of the trial judge, the applicant should offer to show that it is correct. If the application fails to show that fact, or the refusal of the other judge to sign the bill, the party can not be relieved of the hardship caused by the death of the trial judge.</p> <p>3. Same—when required. If any of the errors assigned appear from the record proper on appeal, no bill of exceptions will be necessary to present the same, and the want of a bill of exceptions will be no ground •for dismissing the appeal.</p> <p>4. Same—what matters to be considered. This court can not consider ■errors assigned questioning the rulings of the trial court in. the admission and exclusion of evidence, the giving and refusing of instructions, .and refusing a new trial, in the absence of a proper bill of exceptions.</p> <p>5. Neither the Appellate Court nor this court is vested with power to grant new trials merely for the purpose of relieving a party of hardship resulting from some defect of the record, even though he is chargeable with no omission of duty or negligence whatever.</p> <p>6. On appeals and writs of error these courts sit merely for the purpose of reviewing the record u