Martin v. Foulke

Citations

• 114 Ill. 206
• 29 N.E. 683

Syllabus

<p>1. Exceptions and bilis op exceptions—necessity of talcing and preserving exceptions. The rule in this State is inflexible that in order to take advantage of any improper ruling of the court, pending the trial of a cause, which does not delate to the pleadings or appear on the face of the judgment itself, the bill of exceptions must show an exception was taken to the same. It is not sufficient that the clerk recites in the record that exception was taken. Joinder in error and submitting the cause are not a waiver of defect in this respect.</p> <p>2. Where a cause is tried by the court without a jury, and no exception is taken to the finding of the court or to the rendering of judgment, and preserved in a bill of exceptions, and no motion is made for a new trial, the finding and judgment can not be assigned for error.</p>