Ives v. Vanscoyoc

Citations

• 81 Ill. 120

Syllabus

<p>1. Bill of exceptions—what it should contain—presumption. Where the bill of exceptions shows the fact that the court gave instructions asked by a party, but does not set them out, this court can not say there is error in refusing others which are preserved, as those given may have comprised the substance of those refused.</p> <p>2. But where the bill of exceptions contains instructions refused by the court, and makes no allusion to any instructions except those refused, this court can not presume others were given embodying the substance of those refused.</p> <p>3. Garnishment—unsettled partnership account. Unsettled partnership accounts can not be adjusted in a garnishee proceeding. When one partner is garnisheed as the debtor of his co-partner, all unsettled partnership claims and accounts will be excluded from the consideration of the jury.</p>