Lancaster v. Waukegan & Southwestern Railway Co.

Citations

• 132 Ill. 492

Syllabus

<p>1. Bures of practice—in the Supreme Court—power of the court. The Supreme Court not only has inherent power to prescribe rules of practice, but such power is expressly conferred by statute.</p> <p>2. Such rules, when established, have the force of law, and are obligatory upon the court itself, as well as upon the parties to causes . pending before it. While the court may modify or even rescind its rules, yet until it does so it should administer them according to their terms. It has no discretion to apply them, or not, according to its convenience, unless such discretion is reserved in the rules themselves.</p> <p>3. Practice in Supreme Court—affirmance for not filing abstract and, briefs within the rule. An appellant is required to file his abstracts and briefs at a certain prescribed time before his cause is liable to be called, and rule 35 provides that if they are not so filed the judgment of the court below shall be affirmed.</p> <p>4. Same—non-assignment of error—affirmance. If on appeal or error there be no errors assigned upon the record, the judgment below will be affirmed.</p>