Nason v. Letz

Citations

• 73 Ill. 371

Syllabus

<p>1. Practice—-when bill of exceptions must contain all the evidence. Where an assignment of error questions the finding of the jury upon the evidence before them, all the evidence must be preserved in the bill of exceptions, and it must so state, or it will be presumed there was evidence to warrant the finding. When, however, that question is not raised, but the question is as .to the admissibility of a specific item of evidence, and it is Stated the evidence, with that offered, tends to prove the issue, no further evidence need be set out to raise the question of the admissibility of that particular item.</p> <p>3. Same—motions not a part of the record. A motion for a new trial is not a part of the record, and in order to become so, it must be embodied in a bill of exceptions.</p>