Hermann v. Pardrige

Citations

• 79 Ill. 471

Syllabus

<p>1. Trial by the court. Whilst it is indispensable to the trial of a cause before the court without a jury, that the parties shall agree to that form of trial, it is not indispensable that the record should show both parties were present when the trial was had.</p> <p>2. If either party, having agreed to a trial by the court without a jury, does not deem it necessary to be present at the trial, he must abide the consequences resulting from his absence. The mere fact of his absence is not sufficient evidence of his revocation of the agreement.</p> <p>3. Bill oe exceptions—what must he preserved. The fact that a case was taken up out of its regular order on the docket, in the absence of a party, without notice to him, and that an agreement that the case might be tried by the court, upon which the record shows it was tried, was made at a former term of the court, and was not intended to apply to the term at which the case was tried, are matters that can only be made to appear of record by a proper bill of exceptions. They can not be disclosed by the entries alone made by the clerk.</p> <p>4. Presumption—in favor of the regularity of a judgment. When it appears that the court had jurisdiction both of the person of the defendant and of the subject matter of the litigation, and renders judgment, and there is no bill of exceptions, this court will presume that the judgment is in all respects regular, and that objections urged but not appearing in the record have no foundation in the facts.</p>