Grundies v. Martin

Citations

• 90 Ill. 552

Syllabus

<p>1. Bilí ok exceptions—when necessary. If a ease is tried out of its order upon the docket under what is known as the five day rule, it should be so stated in the bill of exceptions, otherwise it will be presumed the court below acted in conformity to law. The notice and rule can only become a part of the record by being embodied in a bill of exceptions, and even those will not show the case was tried out of its order.</p> <p>2. If a party desires to assign for error the trial of a case without first disposing of a motion for a change of venue, he should preserve the motion and the evidence thereon in a bill of exceptions. The petition, affidavit and motion for a change of venue are no part of the record unless preserved in a bill of exceptions.</p>