Hamilton v. Beardslee

Citations

• 51 Ill. 478

Syllabus

<p>1. Declabation—of the filing of—in a cause, wTiat constitutes. It is not sufficient, to constitute a filing of a declaration in a cause, to simply leave it in the clerk’s office, on the clerk’s desk, ten days before the return day of the term, but it is necessary that.it be placed in the hands and under the control of the clerk; that it pass into his exclusive custody, and remain within his power, and that the object be communicated to him, in-some manner capable of being understood.</p> <p>2. Same—cmte-dating file mwrh. The clerk can not, without authority from the court, mark a paper filed in a cause, and ante-date the endorsement ; this can only be done on motion to have it so filed nunc pro tunc.</p>