Redlich v. Bauerlee

Citations

• 98 Ill. 134
• 1881 Ill. LEXIS 233

Syllabus

<p>1. Assignment or error in Supreme Court. Where a judgment was rendered in the trial court upon the report of referees, in excess of the plaintiff’s bill of particulars and affidavit of merits, and on appeal to an Appellate Court error was not assigned thereon, the party will be precluded from alleging that matter as ground of error in this court. The record should show affirmatively that, the question was made in the Appellate Court in order to obtain a ruling upon it here.</p> <p>2. Evidence—party’s books of account—as to original entries. Where charges are in the first instance made upon a slate, but within a reasonable time thereafter transferred by the proprietor and his clerk, and these carefully compared with the entries on the slate, so as to make it certain they were correctly copied into the books, the books, on proof of these facts, will be admissible in evidence in behalf of the proprietor—the minutes upon the slate being regarded as mere memoranda to aid the memory until the items should be transferred to the books.</p> <p>3. To admit charges on a party’s books transferred from minutes originally made upon a slate, as evidence as to the items therein shown, it is sufficient if the entries were transferred within a reasonable time, so that it may appear to have taken place while the memory of the facts was recent, or the source from which a knowledge of the matters was derived was unimpaired, and it is shown the entries on the slate were made when the goods were delivered.</p>