Kettenring v.McCarthy, 149 Ill. App. 592 (1909)

May 19, 1909 · Illinois Appellate Court
149 Ill. App. 592

W. N. Kettenring, Administrator, Defendant in Error, v. E. C. McCarthy et al., Plaintiffs in Error.

Appeals and errors—when writ dismissed. If the bill of exceptions as abstracted fails to show either a finding or judgment in the cause, the writ will be 'dismissed.

Assumpsit. Error to the County Court of Schuyler county; the Hon. William H. Dieterich, Judge, presiding.

Heard in this court at the November term, 1908.

Dismissed.

Opinion filed May 19, 1909.

G. B. Steele and Glass & Bottenberg, for plaintiffs in error.

B. O. Willard, for defendant in error.

Per Curiam.

The plaintiff in error seeks to have this court reverse a judgment which he claims was rendered against him upon a trial by the court without a jury. The bill of exceptions as abstracted fails to show either a finding or judgment in the cause. In this condition of the record no question is presented to this court for determination.

The writ of error is accordingly dismissed.

Writ dismissed.