Hartford Fire Insurance v. Vanduzor

Citations

• 49 Ill. 489

Syllabus

<p>1. Motion^—must be preserved by bill of exceptions. Where the action of the circuit court upon a motion to remove a cause from the State to the Federal court, is assigned for error, such motion only becomes a part of the record, and is properly before the court for review, by means of a bill of exceptions.</p> <p>2. Verdict—in assumpsit. A jury returned as their verdict in an action of assumpsit: “ We, the jurors in the case of Isaac Vanduzor v. The Hartford Fire Insurance Company, find for the plaintiff, and fix the judgment at five hundred dollars in his favor.” Held, that this was sufficient in substance, and that the court might have reduced it to form; and that under the statute of amendments and jeofails, it must be treated as amended and reduced to form.</p> <p>3. Practice^—pleadings lost—may fie supplied, by copies. It is a familiar rule of practice, where the pleadings in a cause are lost, to permit them to be supplied by copy. And in cases where the papers have been mislaid,' or are in the hands of one of the parties, or his attorney, and cannot be had, the court may, in 'the exercise of a sound discretion, permit them to be supplied by copies, in order to avoid a continuance of the cause.</p> <p>4. Same—papers filed in a came—should not be removed—unless by leave of court. All papers filed in a cause should be preserved by the clerk in his office, and should not be removed therefrom except by leave of the court.</p> <p>6. Hew trial—because attorney did not know when the term, of the court was held—at which judgment was rendered. A new trial will not be awarded, on the ground merely, that the attorney of the party against whom judgment was rendered did not know when the term of the court was held at which the judgment was taken, and hence failed to appear and defend the suit.</p> <p>6. Same—to entitle party to a new trial—he must show diligence. The time for holding the various courts of this State is fixed by statute, and it is the duty of attorneys an