Leavitte v. Randolph County

Citations

• 85 Ill. 507

Syllabus

<p>1. Bill op exceptions—evidence must be preserved., to enable this court to pass on instructions. Where the bill of exceptions does not contain any portion of the evidence given on the trial, this court can not decide whether there was error in giving or refusing instructions.</p> <p>2. If a party desires the instructions to be passed upon by this court when no question is made on the evidence, he should at least state in his bill of exceptions that the testimony established certain facts, or that the evidence tended to prove certain facts. The bill of exceptions should contain enough of the facts to show the materiality or application of the instructions asked for.</p>