Smith v. Brittenham

Citations

• 94 Ill. 624
• 1880 Ill. LEXIS 143

Syllabus

<p>1. Teanscbipt of eecobd on appeal or error—what questions to he considered on second appeal—remedy as to rulings of this court. If the decision of this court in a particular case is not satisfactory to the parties, the only remedy is to make application for a rehearing. Any supposed errors which may have intervened in a cause prior to an appeal or writ of error, will not be considered upon any subsequent appeal or writ of error. Oases can not be brought to this court and considered in fragments.</p> <p>2. Errors occurring in the proceedings in a cause after it has been considered in this court, however, may of course be inquired into upon a second appeal or writ of error, but, for that purpose only so much of the record as is essential to the presentation of what is claimed to be such subsequent errors, should be brought up.</p> <p>3. Same—as to costs on record not necessary. Upon a second appeal in the same cause, the party appealing filed, as a part of his record in this court, the transcript as made up when the case was considered on the first appeal. On motion to strike from the files such original transcript, it was considered as not necessary to the consideration of the alleged errors occurring since the first appeal, and as the questions involved therein could not be reconsidered in this mode by this court, that part of the record was unnecessarily and improperly brought here,—so it was stricken from the files, at the costs of the appellant.</p> <p>4. Re-docketing cause on remandment by Appellate Court—notice thereof. In giving the ten days’ notice of an intention to file a remanding order from an Appellate Court, in the court below, upon the reversal of a judgment or decree, the statute does not require that the ten days should expire before the first day of the term of the court in which it is proposed to reinstate the case. It is enough that “not less than ten days’ notice” be given, though the time may expire during the term.</p> <p>5. Writ of possessi