Hulett v. Ames

Citations

• 74 Ill. 253

Syllabus

<p>1. Pbactice —appeal from county to circuit cowrt. An appeal from the county to the circuit court can be tried alone on the record. The circuit court can not try the case de novo, either in whole or in part, but takes the record as presented.</p> <p>2. Same — transcript of county court, matter of record in circuit court on appeal. When a record of the proceedings is filed in the circuit court, it becomes a matter of record in that court, and being a matter of record then no bill of exceptions is necessary to get it before this court, but only a certified transcript.</p> <p>3. Same—Mil of exceptions in circuit court on appeal from county court. Affidavits, notices, etc., made in the county court are not a part of the record, unless made so by bill of exceptions, and cannot be considered in the circuit court, nor is it proper for the judge of the circuit court to make them a part of the record of that court by bill of exceptions.</p> <p>4. Practice in Supreme Cotjrt—assignment of errors. The failure or refusal of a judge to sign a bill of exceptions, cannot be assigned for error, nor considered in the Supreme Court. The remedy, where a judge wrongfully refuses to sign a bill of exceptions, is by mandamus.</p>