Phelan v. Cuddy, 57 Ill. App. 590 (1895)

March 5, 1895 · Illinois Appellate Court

57 Ill. App. 590

Patrick Phelan and Patrick W. Snowhook v. Mary Cuddy.

1. Master’s Report—When Not a Part of the Record.—A master’s report does not become a part of the record by being incorporated therein by stipulation of the parties.

Memorándum.—Appeal from the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Submitted at the October term, 1894, and affirmed.

Opinion filed March 5, 1895.

Frank H. Graham, attorney for appellants.

Weig-ley, Bulkley & Gray, attorneys for appellee.

Mr. Justioe Shepard

delivered the opinion of the Court.

The certificate of the clerk to the transcript of the record brought here is, that it is true, perfect and complete, except as to the master’s report, “ the original of which being incorporated herein by the stipulation of the parties hereto.”

The master’s report is, therefore, no part of the record, and there appears no cause for reversing the decree. Carey v. Scherer, No. 5289, filed December 6, 1894.

It will therefore be affirmed.