We cannot amend the transcript of the record, even by the original papers. We have no control over the original papers belonging to the files of the court below, and such papers cannot properly be filed in this court. The proper practice in such case is, to suggest a diminution of the record, supported by affidavit, and ask for a writ of certiorari, so that a correct record may be brought here.
Illinois Central Railroad v. Garish, 40 Ill. 70 (1866)
Jan. 1866
·
Illinois Supreme Court
40 Ill. 70
Illinois Central Railroad Co. v. Garish.
(January Term, 1866.)
1. Amendim the transcript—in the Supreme Gowrt. This court cannot amend a transcript of a record, even by the original papers, should they be produced by a party for that purpose.
2. How to procure a correct tbaiíscrift. Should matter be copied into the transcript as a part of a bill of exceptions, which is not contained in the original bill of exceptions, the proper course is, upon proper suggestion, supported by affidavit, to ask for a wit of certiorwri, so that a correct record may be brought up.
Hr. O’Melveney,
for the defendant in error, moved the court to amend the transcript of the record, by striking out of the bill of exceptions appearing therein, certain words interlined, and which are not contained in the original bill of exceptions now on file in this court.