East St. Louis Electric Railway Co. v. Stout

Citations

• 150 Ill. 9
• 36 N.E. 963
• 1894 Ill. LEXIS 1573

Syllabus

<p>1. Exceptions — preserving in the record. Where no exception is preserved to the ruling of the court in the giving, refusing or modifying of instructions, or in overruling the motion for a new trial, the assignments of error questioning such rulings will not be before this court for consideration.</p> <p>2. Same — whether limited, to the judgment, or extended to embrace motion for a new trial. The language of a bill of exceptions was as follows: “But the court overruled the motion” (for new trial) “and rendered judgment in accordance with the finding of the jury, to the rendition of which judgment the defendant then and there excepted Held, that the exception did not embrace the ruling on the motion for a new trial, but expressly limited the exception to the entry of the final judgment.</p> <p>3. New tbiaii — overruling motion — exceptions. The statute (sec. 61, chap. 110,) gives the right to assign error upon the decision of the court overruling motion for new trial, only in case the party has excepted to such decision.</p>