Firemen's Insurance v. Peck

Citations

• 126 Ill. 493
• 18 N.E. 752

Syllabus

<p>1. Bill oe exceptions—what it must contain, m order that proceedings may become matter of record. If a party desires to have the finding ■of the trial court on the evidence, and its refusal of a new trial, considered by an appellate court, he must, by bill of exceptions, show the motion for a new trial, its refusal by the court, and exception to the ruling. It is not sufficient that the transcript of the record, as made by the clerk, shows such motion, its disposition, and an exception.</p> <p>2. Witness—competency—party to suit. In an action on the case against a corporation, by the assignee and holder of shares of stock in such corporation, for its refusal to transfer to him such stock upon its books, the plaintiff is a competent witness in his own behalf. The fact that the original holder and endorser of the certificate of stock ■was dead, or the fact that the person who transferred the certificate, endorsed in blank, to the plaintiff, was dead, would not render the plaintiff incompetent to testify. In such case, the controversy or litigation is not with the representatives of the prior holders of the stock.</p>