Haynes v. Hayes

Citations

• 68 Ill. 203

Syllabus

<p>1. Judicial act—reference of suit to an attorney to find amount due. Where the parties to a suit at law waived a jury, and, by agreement, referred the cause to an attorney, who heard the evidence and found the amount due the plaintiff, and the court thereupon rendered judgment for the sum so found: Held, no error, as the attorney did no judicial act, and such proceeding was authorized by the act of Feb'. 3,1872, providing for referees to find the amount due from one party to the other, and reporting the same to the court for final action.</p> <p>2. Appeal—stays proceedings. Where an appeal is allowed to this court, and an appeal bond filed, the court, below has no authority to require the appellant to prepare and file a bill of exceptions by a given time, and, in default in so doing, to award an execution. The party has a right to bring his cause to this court without a bill of exceptions. But the judgment will not be reversed for such an error.</p>