Illinois Supreme Court, 1840

Cowhick v. Gunn

Cowhick v. Gunn
Illinois Supreme Court · Decided December 15, 1840
3 Ill. 417

Cowhick v. Gunn

Opinion of the Court

The Court sustained the motion to strike the cause from the docket, and overruled the cross motion for a rule against the clerk below, upon the ground that the record filed, not being under the seal of the Court, was a nullity, and that the cross motion was in the nature of a motion for a writ of certiorari to amend the record, as in case of a diminution of record; which can only be granted in a case where a record is properly authenticated, but is defective in some of its parts.

It is the seal that gives authenticity to the proceedings of a court of record.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.