MacLachlan v. McLaughlin

Citations

• 126 Ill. 427
• 18 N.E. 544

Syllabus

<p>1. Appeals and writs oe error—writ of error defined. A writ of error is a writ issued out of a court of competent jimsdiction, directed to the judges of a court of record in which final judgment has been given, and commanding them to send the record to the court of competent and appellate jurisdiction therein named, to be examined, in order that some alleged error in the proceedings may be corrected.</p> <p>2. Same—certificate of importance—when necessary— conditions to granting it—time for ashing it, etc. In an action ex contractu, wherein the amount involved is less than $1000, exclusive of costs, or in an action sounding in damages, wherein the judgment of the court below is less than that sum, exclusive of costs, the case can not be brought to this court from the Appellate Court, except upon a certificate of importance by a majority of the judges of the latter court, as prescribed by section 8 of the Appellate Court act.</p> <p>3. Whenever a majority of the judges of the Appellate Court, on proper petition filed, grant a certificate of importance in a case involving less than $1000, the party obtaining the same will have the right to take the case to the Supreme Court, as well by writ of error issuing from the Supreme Court to the Appellate Court, as by appeal from the Appellate Court to the Supreme Court.</p> <p>4. It is a condition precedent to such right of appeal and the right to a writ of error, in cases involving less than $1000, that the party desiring to exercise such right shall first obtain from a majority of the judges of the Appellate Court a certificate, that in their opinion the case decided by them involves questions of law of such importance, either on account of principal or collateral interests, as that it should bp passed upon by the Supreme Court.</p> <p>5. The granting of such certificate involves judicial investigation and action, and it follows, such investigation and action must be exercised at a time when such judges have jurisdiction