Secrist v. Petty

Citations

• 109 Ill. 188

Syllabus

<p>1. Chancery—absence of evidence in support of the findings. Where the chancellor specifically finds all the material allegations of the bill to be true, if the evidence in the cause, upon which the findings of the chancellor may be supposed to be based, is not preserved in the record, so that this court will be unable to say that such findings were not warranted by the proofs, the intendment will be in support of the decree which is based upon the findings.</p> <p>2. Evidence—judicial notice—of the necessity of proofs to establish that of which the court is supposed to have knowledge. Proof is never required of a fact of which the court is bound to take judicial notice.</p> <p>3. A motion was made in a chancery suit that a paper purporting to be a certificate of evidence in the cause, be stricken from the files, upon the following among other grounds: that the paper had never been presented to or signed by the judge who heard and decided the cause, although his name appeared to be signed to the same; that it did not contain all the evidence. The chancellor allowed the motion without having heard any formal proofs in its support. It was held, no proofs were necessary in support of the motion, because the matters alleged as the grounds of the motion were within the personal knowledge of the judge to whom it was addressed.</p>