Frink v. Phelps, 5 Ill. 558, 4 Scam. 558 (1843)

Dec. 1843 · Illinois Supreme Court
5 Ill. 558, 4 Scam. 558

John Frink v. John Phelps.

Erf or to Ogle.

i. ¥RkCTIC& — gra7iting supejsedeas. A supersedeas will not be granted in any case unless the transcript of the Record is certified to be complete.

O. Peters, for the plaintiff in error, moved for a super-[*559] sedeas.

J. Young Scammon, contra: The certificate to the transcript of the record does 'not state that it is complete. This is absolutely indispensable by Rule Y. 1 Scam. XÍI. Besides there is no error in the record.

Per Curiam:

The certificate of the clerk to the transcript oi the record in this case merely states that the record is as full as he was directed to make it. This is not sufficient. The super-sedeas is denied for this reason alone, without looking into the record.

Motion denied.