East St. Louis Electric Street Railroad v. Cauley

Citations

• 148 Ill. 490
• 36 N.E. 106

Syllabus

<p>1. Exceptions—can not be taken in gross. A general exception can not be taken to several rulings as an exception in gross, but an exception must be taken to each ruling as it arises on the trial.</p> <p>2. Same—what bill must show. A bill of exceptions must show the entry of a motion for a new trial, its being overruled, and an exception to the order overruling the same, before an appellate court can consider any question of the admission or sufficiency of evidence, or error in giving and refusing instructions. The failure of the bill of exceptions to show this can not be obviated by the recitals in the judgment.</p> <p>3. Where the order overruling a motion for anew trial is not excepted to, then whatever would be cause for a new trial stands as if not objected to; and an exception taken to the entry of a judgment entered on a verdict will only go to the errors theretofore appearing of record, to which an exception was taken that might properly arise on that objection and exception.</p> <p>4. Same—to refusing new trial and entry of final judgment. Where the bill of exceptions shows that the court overruled defendant’s motion for a new trial, and that the court “entered a judgment in accordance with the finding of the jury, to the rendition of which the defendant then and there excepted,” it was held, that as the order overruling a motion for a new trial, and the rendition of the judgment on the verdict, are separate acts and orders, the only question saved by the exception was the sufficiency of the judgment.</p>