Bennett v. Bradford

Citations

• 132 Ill. 269
• 24 N.E. 630

Syllabus

<p>1. Chancery—preserving the evidence—of the mode—as a part of the ■decree—and of a motion for signing a certificate of evidence. The re- • cital of the evidence taken in a suit in chancery is a part of the decree, .and this is not changed by our statute providing for the admission of •oral evidence in chancery cases. If the evidence is preserved by certificate or bill of exceptions, it is still a part of the decree.</p> <p>2. A motion in a chancery case for the signing of a certificate of the •evidence, is in effect a motion to amend the decree previously entered, .and is in apt time if made at the term the decree is entered, and its effect is to suspend the decree until the motion is decided. Such a motion is continued by the adjournment of the terms of court without its being decided, even though the case is left off the docket at an intermediate term.</p> <p>3. Same—decree against an infant—by consent. It is error to enter a decree against infant defendants, by consent, without any evidence.</p>