Owen v. Stevens

Citations

• 78 Ill. 462

Syllabus

<p>1. Statute of Frauds—undertaking collateral to the promise of another, not in writing, void. Where the owner of a building being erected said to a material-man, who had already furnished materials to the contractor who was building the house, that he would payforall the materials that the contractor might get for the building, it was held, that the owner was liable, on his promise, for all materials furnished thereafter for such building and charged to him, but that he was not liable for such as had, before the promise, been furnished to the contractor.</p> <p>3. Practice in Supreme Court. This court can not act upon and give effect to an affidavit impeaching the correctness of a transcript filed herein, as against the certificate of the clerk.</p> <p>3. Superior Court of Cook county—what the record should show when a circuit judge presides. Where a circuit judge holds the Superior Court, the record should show what judge presided, and that he did so by-request of the judges of said court, as a branch court, in pursuance of the statute.</p> <p>4. Where the record shows that there were three judges of the Superior Court present at the trial, and further shows that a circuit judge actually presided on the trial, it is contradictory and informal, and shows not such an organization of the court as litigants are entitled to have when their cases are tried.</p>