Gardner v. Russell

Citations

• 78 Ill. 292

Syllabus

<p>1. Pleading. If a replication is to a plea not in the record, it might properly be stricken from the files, bnt it would be no ground of demurrer.</p> <p>2. Bill on exceptions—when necessary. If a trial is had in the court below, of a cause, out of its order, and before its time on the docket, all that was done should be embodied in a bill of exceptions and made a part of the record, in order to have the proceeding reviewed in the Supreme ‘Court.</p> <p>3. This court can not presume that the court below committed an error. Until overcome by the record all the proceedings in the court below will be presumed to conform to the law, and it is for the party alleging error to show it.</p>