Heinsen v. Lamb

Citations

• 117 Ill. 549
• 7 N.E. 75

Syllabus

<p>1. Amendment of bill of exceptions—d/aring and after the term. Where a bill of exceptions is signed and sealed, and properly filed, it becomes a part of the record of the court to which it relates, and it stands upon the same footing as any other repord. During the term at which it is signed and filed, it may be amended at any time, without notice. But after the term expires, the judge loses all power to alter or change it on his own motion or suggestion. In case of an amendment during the .term, the proper practice is to call the attention of counsel to the fact.</p> <p>, 2. Where a bill of exceptions, through inadvertence or mistake, has been so made up as to not fairly and truly represent what actually transpired, it may, upon due notice, be amended, by order of the court, at a subsequent term, so as to make it conform to the real facts.</p> <p>3. Abstract oe title—admissibility in evidence—manner of preparation—requisites, etc. Where an abstract of title to land is shown to have been made by well known abstracters, or by clerks in their office, before the destruction of the records, and delivered, in the due course of business, to a person at the time having an interest in the land or a part thereof, and-it is further shown that such abstracters had been engaged in furnising abstracts of title for several years before and after the date of such abstract, it is admissible in evidence under section 29, chapter 116, of the Revised Statutes, so far as it relates to lost or destroyed deeds, in the party’s chain of title, upon their loss or destruction being shown, or inability to produce them.</p> <p>4. The fact that abstracts of title were prepared in an abstract office by one clerk from memoranda and abbreviated notes taken by other clerks from the records, and then signed by the principals in the firm name, does not render them inadmissible in evidence, on the ground they are copies of copies. The data so collected from the records do not constitute the abstrac