Benneson v. Savage

Citations

• 119 Ill. 135
• 11 N.E. 66

Syllabus

<p>1. Practice in the Supreme Court—omission to assign errors on the record*—al what stage of the cause it may be done. Where a case is brought to this court from the Appellate Court, tljp appellant or plaintiff in error is required to assign errors upon the record from the Appellate Court, and 'such assignment must be upon the record itself, or attached to it. It is not sufficient that the abstract shows an assignment of error as to the ruling of the Appellate Court.</p> <p>2. When the attention of this court is called to the omission to assign errors on the record, before the cause is submitted, it may require such assignment to be made instanter, and on failure to do so, dismiss the appeal or writ of error. But after submission, it is too late to make such a rule, and there being no proper assignment, the suit will be dismissed.</p> <p>*See Dilch et al. v. Seunott et al. 116 Ill. 288.</p>