Daniels v. Shields

Illinois Supreme Court
Daniels v. Shields, 38 Ill. 197 (Ill. 1865)
Walker

Daniels v. Shields

Opinion of the Court

Mr. Chief Justice Walker

delivered the opinion of the Court:

Even if it were conceded that the agreement of the parties, as to the facts of this case, became a part of the record without being embodied in a bill of exceptions, it does not follow that the motion for a new trial should not have been preserved by a bill of exceptions. The mere entry of a motion does not make the motion or reasons therefor a part of the record, but that must be done by bill of exceptions. This has been the uniform practice of this court announced in numerous decisions, running through our reports from an early period to the present time. Stickney v. Cassell, 1 Gilm. 418; Diekhut v. Durrell, 11 Ill. 72; Vanderbilt v. Johnson, 3 Scam. 48; Miller v. Dobson, 572; Pottle v. Mc Worter, 13 Ill. 454. In this last case it was held that although the bill of exceptions contains all of .the evidence, it was insufficient to sustain the verdict, the court will not disturb the judgment unless it shows a motion for a new trial was made and overruled. Other cases might be referred to, but they are familiar to the profession, and these illustrate the practice and fully determine this case. The judgment must be affirmed.

Judgment affirmed.

Reference

Full Case Name
John H. Daniels v. Michael Shields
Cited By
19 cases
Status
Published
Syllabus
1. Bill of exceptions—motion for a new trial. The mere entry of a motion for a new trial does not make the motion or the reasons therefor, a part of the record, but that must be done by bill of exceptions. 2. And this rule is not dispensed with even by an agreement of parties as to the facts of the case, conceding that such agreement became a part of the record without being embodied in a bill of exceptions. 3. It has been held that although a bill of exceptions contains all the evidence, and it is insufficient to sustain the verdict, still the court will not disturb the judgment entered upon such verdict unless it is shown by the bill of exceptions that a motion for a new trial was made and overruled.