Indianapolis & St. Louis R. R. v. Miller

Citations

• 62 Ill. 468

Syllabus

<p>1. Error—presumption. Unless the contrary is shown, it will he presumed on error, in a suit at law,.that the court below decided correctly.</p> <p>2. Same—admissibility of evidence. Where it is assigned for error that the court below refused to admit or hear testimony, its relevancy should be made to appear by bill of exceptions, otherwise this court will presume in favor of the ruling below, that such evidence was not pertinent to the issues.</p> <p>3. Mattoon Com. Pleas Court—trial of appeal from. The act creating this court gave an appeal to the circuit court of Coles County, in the same cases, to be taken and conducted in the same manner, as appeals from the circuit to the supreme court, with this proviso, “ provided, either party may introduce other and additional evidence upon the trial in the circuit court as in other cases.” It was held that a party appealing under this act from a judgment against him, and failing to preserve the evidence heard on the trial in the common pleas court, could not be allowed to introduce evidence on the trial of the appeal.</p> <p>4. Same—construction. The manifest intention of such act is, that if the objection is to the finding of the jury, the evidence should be preserved in and made a part of the record by a bill of exceptions, and that the case should be tried in the circuit court on the bill of exceptions, and such additional evidence as the parties may introduce. When the evidence is not thus preserved there can he no trial in the evidence heard below, and there is no evidence in the record to which other evidence can be added.</p> <p>5. Same. When the evidence is not preserved in the record, the circuit court must try the case on the record alone, and if no error appears therein, the circuit court may either affirm the judgment below and award a procedendo, or render final judgment and award an execution the same as this court may do.</p>