Magill v. Brown

Citations

• 98 Ill. 235
• 1881 Ill. LEXIS 245

Syllabus

<p>1. Bnii of exceptions—filing in time, without signature of judge, is not suffix dent. A draft of the evidence, etc., filed in the clerk’s office within the time limited for the filing of a bill of exceptions, but without the signature of the judge who tried the case, is no bill of exceptions, and when not presented to and signed by the judge until after the expiration of the time allowed for filing the same, and being then filed as of the date of signing, it will be properly stricken from the record in the appellate court.</p> <p>2. Same—when may 'be filed after time limited. If a party presents his bill of exceptions to the judge trying the ease, for his signature, within the time prescribed for filing the same, he having done all that he can, will not be prejudiced by the non-action or refusal of the judge to sign it until after the date fixed has expired.</p> <p>3. Same—necessity therefor—presumption. Every reasonable presumption will he indulged in support of the action of a court of general jurisdiction. Exceptions to the decisions of courts at the trial can only be saved for review in an appellate court by bill of exceptions. In the absence of a bill of exceptions it will be presumed that the evidence was sufficient to warrant the action of the court in respect thereto.</p>