Illinois Appellate Court Unpublished Opinions: First Series Ill. App.V.289
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a.,?-^ etlx j-flXeXcj sn* tg^ {ftTeif/xjaip aia Jsils^ l>»*»»ia®^ 8 justified by tne f^ots, and -a it w^.s cleTrly erroneous it will be necessary to reverse the judgment and remand the cause for further trial.
It also appears from the record th^t judgment w?>8 entered against the defendants^ as individuals and not ^f^ninst the defendants as receivers to be paid in due ooiirae of their ^dministrstion* Attorneys for plaintiffs point to the Civil Practice Act Ch. 110, Sec, 320, 111, State Bar Stat...s. 1935, which provides that in all appeals the reviewing court may, "in its discretion and on such terms ss it deems just, • * * order or permit the record to be amended by correcting errors or by adding matters which should have been in- cluded," Counsel for the defendants reply by st^^ting th?t it w=8 necessary for defendants to appeal in order to call to the attention of the Appellate Court the form of judgment which wr?s entered, While it is true th?>t the court may of its own aiotion direct th?t the record be amended to correct errors by adding matters that should have been included therein, the same right was given the plaintiffs in this c-^se, but no motion was made, nor was an order entered in the trial court correcting the judgment by ?dding the words, "and th-t the same be paid by the receivers in due course of their - dministration," We will assxune th?t counsel for plaintiffs knew the law, ^^nd it was his duty to make a motion to correct the record* In considering the facts aa they appear in the record this court does not intend to create the impression of expressing an opinion as to the merits of the controversy.
What to read after Illinois Appellate Court Unpublished Opinions: First Series Ill. App.V.289?
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To quickly assess the difficulty of the text, read a short excerpt:
a.,?-^ etlx j-flXeXcj sn* tg^ {ftTeif/xjaip aia Jsils^ l>»*»»ia®^ 8 justified by tne f^ots, and -a it w^.s cleTrly erroneous it will be necessary to reverse the judgment and remand the cause for further trial.
It also appears from the record th^t judgment w?>8 entered against the defendants^ as individuals and not ^f^ninst the defendants as receivers to be paid in due ooiirae of their ^dministrstion* Attorneys for plaintiffs point to the Civil Practice Act Ch. 110, Sec, 320, 111, State Bar Stat...s. 1935, which provides that in all appeals the reviewing court may, "in its discretion and on such terms ss it deems just, • * * order or permit the record to be amended by correcting errors or by adding matters which should have been in- cluded," Counsel for the defendants reply by st^^ting th?t it w=8 necessary for defendants to appeal in order to call to the attention of the Appellate Court the form of judgment which wr?s entered, While it is true th?>t the court may of its own aiotion direct th?t the record be amended to correct errors by adding matters that should have been included therein, the same right was given the plaintiffs in this c-^se, but no motion was made, nor was an order entered in the trial court correcting the judgment by ?dding the words, "and th-t the same be paid by the receivers in due course of their - dministration," We will assxune th?t counsel for plaintiffs knew the law, ^^nd it was his duty to make a motion to correct the record* In considering the facts aa they appear in the record this court does not intend to create the impression of expressing an opinion as to the merits of the controversy.
What to read after Illinois Appellate Court Unpublished Opinions: First Series Ill. App.V.289?
You can find similar books in the "Read Also" column, or choose other free books by Illinois Appellate Court to read onlineMoreLess
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