Reports of Cases Determined in the Appellate Courts of Illinois Volume 182

Reports of Cases Determined in the Appellate Courts of Illinois Volume 182

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...the court cites 1 Jones on Evidence, sec. 134; Secrist 2;. Petty, 109 I11. 188; 12 Encyc. Pl. & Pr., 1, and several other cases. In State 12. Fawcctt, 64 Neb. 496, the court announced the same doctrine. To require that before the rules of a trial court can be embodied in a bill of exceptions such rules should be formally ofl'ered in evidence would necessitate the absurd practice of oifering in evidence before the court what the court knows judicially, and further that in every case tried in the Municipal Court, where the practice is wholly governed by the rules of that court, the rules should be offered in evidence before they can be embodied in the bill of exceptions. This position, in our opinion, is untenable. The method adopted in this case was held to be proper in Dyrziewicz '0. Benziger, 99 Ill. App. 572. The certificate above recited, made by the trial judge, shows that the rules were duly adopted in accordance with section 20 of the Muncipal Court Act. (J. &. A. 'I 3332.) It is suggested on behalf of appellant, in support of its motion to strike the rules from the bill of exceptions that the pamphlet containing the rules of the Municipal Court was not competent or proper evidence of the ex Well v. Federal Life Ins. Co., 182 Ill. App. 322. istence of said rules; that the record of the Municipal Court is the only competent evidence of those facts. We think the contention is irrelevant to the point. The question is what were the rules of court, not whether the pamphlet was evidence of the rules. The certificate of the trial judge to the bill of exceptions, containing the rules, is evidence to this court of the rules. Whatever is material to the decision of the cause in the Municipal Court of Chicago, and by more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236764633
  • 9781236764638