Wabash, St. Louis & Pacific Railway Co. v. Peterson

Citations

• 115 Ill. 597
• 6 N.E. 412
• 1886 Ill. LEXIS 1040

Syllabus

<p>1. Former adjudication—on writ of error or appeal. Matters decided by the Appellate Court on appeal or writ of error, can not be reexamined in the same court on a subsequent writ of error brought on the same record.</p> <p>2. Where the Appellate Court affirms a judgment on appeal, notwithstanding the errors assigned, its decision is res judicata, and presents a bar to an assignment of the same errors on a second appeal to that court.</p> <p>3. Same—whether the case on the former appeal was disposed of on its merits—as affecting the right to a second appeal. Where the record of the Appellate Court shows that the judgment appealed -from was affirmed in all respects, notwithstanding the errors assigned, this must be taken as an affirmance or judgment on the merits, and parol evidence is inadmissible to show the court did not determine the case on the merits.</p> <p>4. The record of a court can never be contradicted, varied or explained by evidence dehors the record itself. A record imports absolute verity, and it must be tried and construed by itself.</p> <p>5. To a plea of a former judgment of the Appellate Court affirming the same judgment sought to be reviewed, the plaintiff in error replied specially that the merits of the case were not heard and determined in the Appellate Court at the former term when the cause was before it, on account of the misprision of the clerk of the trial court in failing to give the bill of exceptions in the transcript of the record: Held, that the replication was bad on ■demurrer.</p> <p>6. Presumption—in support of a judgment. Where the Appellate Court finds an issue on a replication of nul tiel record to a plea of a former judgment of that court in bar of a writ of error, this court, in the absence of anything in the record showing what evidence was introduced in the Appellate Court, will presume that the evidence warranted the finding.</p>