Dunham v. City of Chicago

Citations

• 55 Ill. 357

Syllabus

<p>1. Assignment of error—order of court below prescribing conditions of appeal. The decision of ail inferior court prescribing, after judgment, the conditions on which an appeal will be allowed to this court, is not such a ruling as can, by itself, be reviewed upon error, because it is not such an. order as is capable of either a reversal or affirmance.</p> <p>2. Evidence—production of public records. Public records, in the custody of public officers acting under statutory duties, do not come within the principle of the rule in regard to the production of paper evidence in the possession or under the control of the opposite party.</p> <p>3. Though, the courts have the power to compel the custodian of records and public documents to produce them in court for inspection, and to be used as evidence when material and necessary. And whenever it is clearly made to appear, in a proper manner, that their production is necessary and material for the support of either a cause of action or defense, or the promotion of public justice, the power should be exercised.</p> <p>4. But where its exercise is not so shown to be necessary, for the reason that certified copies could be obtained and received in evidence, and answer as well as the originals, or when the proof upon which the application is based attempts to show that the originals have been tampered with and falsified, but fails to show how the rights of the moving party arc affected by any such acts, and the court can not see from the facts stated that his rights were in any manner affected thereby, then, in either case, in the exercise of a legal discretion, the court may, from considerations of public convenience and safety, properly refuse to require their production.</p> <p>5. Amendment of certificate of publication of tax collector's notice. Where the certificate of publication of the collector’s notice of his intended application for judgment for taxes is deficient, the same may be amended by order of the court, upon