Melrose v. Bernard

Citations

• 126 Ill. 496

Syllabus

<p>1. Transcript of record—clerk’s certificate—of its proper office and scope. The clerk of a court is authorized to certify, under his seal of office, to the record as it appears in his office; but when he undertakes to designate what portion of the record pertains to any particular issue, or to determine whatpart of the record relates to any particular matter adjudicated by the court, he acts without authority of law.</p> <p>2. Bren of exceptions—when necessary—presumption in support of judgment below. On appeal or error, it will be presumed that the lower court proceeded regularly and in conformity with law, until the contrary is made to appear by the record.</p> <p>3. So an assignment of error upon a ruling of the county court refusing judgment for the amount of a special tax, and reducing the amount claimed, will not be considered in the absence of a bill of exceptions showing the evidence heard. In such case it will be presumed the court acted properly. .</p>