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

Citations

• 150 Ill. 607
• 37 N.E. 1001
• 1894 Ill. LEXIS 1649

Syllabus

<p>1. Appellate Coubt — duty to pass upon the assignment of errors. Where the bill of exceptions is properly certified that it contains all the evidence, it is the duty of the Appellate Court to consider and determine the errors assigned, and it will be error to refuse to pass upon them.</p> <p>2. Bill op exceptions — when amendable. Upon the filing of a bill of exceptions it becomes a part of the record in the cause, and if, for any reason, it fails to fully and correctly show what actually transpired at the trial, it, like other portions of the record, is amendable.</p> <p>3. After the term has expired at which the record is made, or the time limited for settling the bill of exceptions has passed, the amendment can be made only by bringing the parties in interest again into court, by the service of proper notice, and then only when there is some memorandum, minute or note of the judge, or something appearing on the records or files of the court, to show the facts in respect of which the amendment is sought to be made.</p> <p>4. Where the trial court makes an amendment of a bill of exceptions, in the absence of any exception to the source of information upon which the court acted it will be presumed there was something to amend by, — some note or memorandum of the evidence sufficient to enable the court to make the proper amendment; and it is incumbent upon the party objecting to the amendment, to show, by bill of exceptions, upon what the court acted, if he intends to question its sufficiency to authorize the amendment to be made.</p> <p>5. The judge, in an order allowing an amendment of a bill of exceptions, certified that on the motion to amend he examined the record in the case, including the stenographer’s transcript of the evidence theretofore filed and made a part of the record, and the various papers and exhibits introduced in evidence; that he kept some minutes of the evidence heard at the trial, but not sufficiently full to authorize the making of the cer