Daniels v. Shields

Citations

• 38 Ill. 197

Syllabus

<p>1. Bill of exceptions—motion for a new trial. The mere entry of a motion for a new trial does not make the motion or the reasons therefor, a part of the record, but that must be done by bill of exceptions.</p> <p>2. And this rule is not dispensed with even by an agreement of parties as to the facts of the case, conceding that such agreement became a part of the record without being embodied in a bill of exceptions.</p> <p>3. It has been held that although a bill of exceptions contains all the evidence, and it is insufficient to sustain the verdict, still the court will not disturb the judgment entered upon such verdict unless it is shown by the bill of exceptions that a motion for a new trial was made and overruled.</p>