Newman v. Ravenscroft

Citations

• 67 Ill. 496

Syllabus

<p>1. Parties at law—plaintiff. A suit upon a promissory note must be brought in the name of the party holding the legal title. Where the plaintiff is not the payee, without an assignment of the note he can not recover.</p> <p>2. Bill of exceptions—copy of note must be presented by. This court, as uniformly held, can not look to the copy of the instrument sued on and filed with the declaration, for evidence, but only to the bill of exceptions.</p> <p>3. The clerk of the circuit court has no power to certify to the note read on the trial, or to any other evidence heard. The evidence can be presented to this court only by a bill of exceptions.</p> <p>4. Where the bill of exceptions shows that a note or other instrument was read in evidence, and the clerk has inadvertently omitted to copy it in the bill incorporated in the record, he may make a new copy embracing it, or copy that part of the bill of exceptions omitted by him in the previous copy.</p> <p>5. Same—amendment. Where the original bill of exceptions fails to show that the assignment of a promissory note had been read in evidence, when it had been, the only means of relief to the party is to move the court, when in session, to correct the record by its insertion into the bill of exceptions.</p>