People ex rel. Munson v. Gary

Citations

• 105 Ill. 264
• 1883 Ill. LEXIS 86

Syllabus

<p>1. Practice—cause continued when motion for new trial is not decided. Where a motion for a new trial is entered at the term the trial is had, and the court adjourns without disposing of the motion, under the statute the motion will stand continued until the next term.</p> <p>2. Bill of exceptions—when to he presented. A party moving for a new trial is not bound to present a bill of exceptions containing the evidence, etc., on the trial, until a final judgment is rendered, and if the motion is not decided until the next term of court, a motion for such bill of exceptions on the day the motion is overruled, is in time. At the time the motion is overruled, and final judgment entered, the bill of exceptions must be presented for the signature of the judge, or an order must be obtained from the court extending the time to a future day.</p> <p>3. Where a party does not present a bill of exceptions at the time a motion for a new trial is overruled, which is at a term subsequent to that of the trial, but procures an order of court extending the time, within which he prepares and presents a bill of exceptions, he will be in apt time.</p> <p>4. Same—when the judge does not remember the evidence. The fact that the judge trying the cause does not remember the evidence on the trial, will not justify him in refusing to sign a bill of exceptions presented to him in the time allowed. If the evidence was not reduced to writing, or preserved by a short-hand reporter, and the judge fails to remember it, the witnesses who testified on the trial may be examined again by him, on a motion for a bill of exceptions, in regard to what they testified to on the trial, and in that or some other way he should determine the evidence to be incorporated in the bill of exceptions.</p>