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Brown v. H. W. Boies Co.

E. O. Brown, A. W. Brown, W. E. Brown, B. R. Lewis and W. O. Finkbine, Partners as Rhinelander Kindling Co. v. The H. W. Boies Co.

Brown v. H. W. Boies Co., 58 Ill. App. 274 (1895)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
April 4, 1895
Judges
Shepard
Citations
58 Ill. App. 2741895 Ill. App. LEXIS 18
Disposition
Dismissed.
Headnotes
1. Appellate Court Practice—Assignment of Errors.—No errors having been assigned the court can not review the judgment of the court below. Reasons filed in the court below as grounds for a new trial do not obviate the necessity of an assignment of errors.
Summary
Assumpsit.—Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Submitted at the March term, 1895.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Shepard

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Mr. Justice Shepard delivered the opinion of the Court.

This appeal can not be considered. No errors have been assigned on the record, and the omission has been insisted upon by the appellee as a reason for our not considering the cause, as would be our duty if errors were assigned.

This court can not review judgments except for errors committed below, and assigned here. Reasons filed below for a new trial do not obviate the necessity of an assignment of errors.

For the argument, we refer to Lang v. Max, 50 Ill. App. 465 , and in addition to the cases there cited, we add: Griswold v. Hicks, 132 Ill. 492 ; Mansfield v. Allison, 16 Ill. App. 31 ; Bogue-Badenock Co. v. Boyden, 33 Ill. App. 252 ; Mallers v. Marine Bank Co. (No. 5558 this term). The appeal will be dismissed at appellants’ costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. Oakland Hotel Co. v. Driscoll67 Ill. App. 114 (1896)

Most recent

  1. Oakland Hotel Co. v. Driscoll67 Ill. App. 114 (1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Lancaster v. Waukegan & Southwestern Ry. Co., 132 Ill. 492 (1890) 24
Lang v. Max, 50 Ill. App. 465 (1893) 8
Bogue-Badenoch Co. v. Boyden, 33 Ill. App. 252 (1889) 2
Mansfield v. Allison, 16 Ill. App. 31 (1885) 1

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