Voges v. Davison, 306 Ill. 357 (1922)

Dec. 19, 1922 · Illinois Supreme Court · No. 14960

306 Ill. 357

(No. 14960.

—Writ dismissed.)

Henry Voges, Admr., Plaintiff in Error, vs. Harold Davison et al. Defendants in Error.

Opinion filed December 19, 1922

Rehearing denied Feb. 8, 1923.

Appeals and errors — errors must be assigned on the record. The failure to assign errors on the record necessitates a' dismissal of the writ of error notwithstanding alleged errors are argued in the briefs.

Writ oe Error to the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding.

Louis J. Grossmann, Edgar C. Grossmann, Walter G. Grossmann, and Eugene W. Kreitner, for plaintiff in error.

P. J. TecklEnburg, guardian ad litem, for defendants in error.

Mr. Chief Justice Thompson

delivered the opinion of the court:

This writ of error is prosecuted to review a decree of the circuit court of St. Clair county. Various alleged errors are argued by plaintiff in error but no errors have been assigned on the record. There is, therefore, no issue for this court to try. The rule requiring that the assignment of errors must be written upon or attached to the record has been in force since the organization of this court, and this court has repeatedly held that a failure to assign errors requires a dismissal. Ditch v. Sennott, 116 Ill. 288; Benneson v. Savage, 119 id. 135; McCormick v. Chicago and State Line Railway Co. 219 id. 593.

The writ of error is dismissed.

Writ dismissed.