Chicago, Milwaukee & St. Paul Railway Co. v. Harper

Citations

• 128 Ill. 384
• 21 N.E. 561
• 1889 Ill. LEXIS 907

Syllabus

<p>1. Juror—question of discharge pending the trial, for supposed prejudice. When a juror was accepted, it did not appear that he was in any manner prejudiced against the defendant. Dining the trial, however, he assumed to cross-examine some witnesses, but there was nothing in the nature of the questions to show that he had become incompetent to discharge the duty of a juror. The defendant’s counsel moved the court to exclude the juror from the panel, which the court refused: Held, no error in overruling the motion.</p> <p>2. Bum op exceptions—what it should contain—of instructions not .copied into the bill. Where instructions given on the trial of a cause are not written into the bill of exceptions, they can not be considered in this court. In this case, the original bill of exceptions was brought up by agreement, but the instructions were not copied therein, though they were sent up with the transcript: Held, that they could not be treated as part of the record.</p>