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

Citations

• 127 Ill. 214
• 20 N.E. 70
• 1889 Ill. LEXIS 1026

Syllabus

<p>1. Bill of exceptions—when necessary—certificate of clerk, not sufficient. Where the bill of exceptions contains no instruction given or refused, an appellate court can not consider an assignment of error based on the refusal of the trial court to give instructions asked.</p> <p>2. After the affirmance of a judgment of the trial court by the Appellate Court, the defendant procured from the clerk of the trial court his certificate that certain instructions thereto attached were asked by defendant and refused by the court, and on such certificate filed a petition for a rehearing, which was denied. The instructions were not embodied in the bill of exceptions: Held, that such certificate was not properly before the Appellate Court at any time, and could not be considered by either that or this court.</p>