People ex rel. Hubbard v. Anthony

Citations

• 129 Ill. 218
• 21 N.E. 780

Syllabus

<p>a 1. Bill of exceptions—settling the bill — as a judicial act. The signing and sealing of a bill of exceptions is both a ministerial and a judicial act. The determination of what it shall contain is judicial in its nature. The judge may, in the first instance, resort to all available means to determine the facts and to secure accuracy in making up the record.</p> <p>2. Same—amendment at a subsequent term. Where a bill of exceptions, by mistake or through inadvertence, fails to present matters material to the cause as they transpire on the trial, the party making the same will have the right, in a proper case, to have an amended bill signed and sealed by the same judge presiding at a subsequent term of the same court in which the cause was tried, upon proper notice to the adverse party.</p> <p>3. The power of the court to amend its record, in other respects, at a term subsequent to that at which the record was made, upon the parties in interest being again brought into court by the service of proper notice, and saving rights that may have intervened, has frequently been upheld.</p> <p>4. Same—memoranda to amend by. Where a bill of exceptions is once signed and sealed by the court and filed in the time required, it becomes a part of the record of the court, and if it is sought to amend or alter the same at a subsequent term, there must be some minute of the judge or memorandum of the court by which to make the proposed amendment or change.</p> <p>5. On the trial of a cause by the court, without a jury, judgment was entered for the plaintiff, and the defendant, in the time fixed, prepared his bill of exceptions, in which appeared many exceptions, but none to the finding or judgment of the court or to the overruling of a motion for a new trial, which was duly signed, sealed and filed. The judgment entered by the clerk showed the entry of a motion for a new trial and an order refusing the same, and then proceeds, “whereupon the defendant, having entered his exceptions