Nat. Bank of Lawrence Co. v. Le Moyne

Citations

• 127 Ill. 253

Syllabus

<p>1. Appeal—from Appellate Oourt—what questions to be considered. No questions can be considered on appeal from or writ of error to the Appellate Court, except such as were, by the record before it, presented to that court.</p> <p>2. Same—effect of amended bill of exceptions, not before the Appellate Court. This court, on appeal from the Appellate Court, can only determine whether that court decided correctly, and the exact question submitted to that court must be before this court. It therefore follows, that an amended bill of exceptions not before the Appellate Court can not be considered by this court.</p> <p>3. Same—practice—time to object that the bill of exceptions is not complete. Where the appellee in the Appellate Court omits to make the objection there that the bill of exceptions fails to show any exceptions on the trial, on appeal to this court he 17111 be precluded from urging such objection.</p> <p>4. Any objection that may be obviated must be made in the lower courts in apt time, or it will be considered as waived.</p> <p>5. Tbial by the court—bill of exceptions—what it must show. Where the bill of exceptions fails to set out the findings and judgment of the court on a trial without a jury, and to show they were properly excepted to, no questions arising upon such findings and judgment can be considered by the Appellate Court.</p> <p>6. Same—no propositions of law presented—presumption. Where a case is tried before the court without a jury, and no propositions of law are submitted, it will be assumed that the court ruled the law correctly; and the affirmance of the judgment by the Appellate Court is conclusive.</p>