Hawes v. People ex rel. Pulver

Citations

• 124 Ill. 560
• 17 N.E. 13

Syllabus

<p>1. Jurisdiction of Appellate Courts—constitutional law. Under the constitution, the Appellate Courts have only appellate jurisdiction, and it is not competent for the legislature to clothe them with any other kind of jurisdiction.</p> <p>2. Same—in case of mandamus. The Appellate Court has no jurisdiction of an original action by mandamus. So when that court has not acquired jurisdiction in a case, by appeal or writ of error, it will have no jurisdiction of a proceeding by mandamus to compel a judge of the trial court to sign a bill of exceptions.</p> <p>3. Where the Appellate Court has acquired jurisdiction of a suit by appeal or writ of error, it may, by the action of mandamus, compel the judge of the trial court to sign and seal a bill of exceptions on a proper showing. Such action in that case would be in aid of the appellate jurisdiction of that court.</p>