(Duncan, J.)....... PAGE. Reynolds v. Alton, Granite & St. Louis Trac. Co. (Dunn, J.). 207 S Schallman ads. People. (Duncan, J.). 625 53 184 489 564 286 90 194 86 Sny Island Drainage Dist. v. Boyd Drainage Dist. (Dunn, J.) 533 Struthers ads. Walker. (Duncan, J.)... Sutherland v. Long. (Cooke, J.).. Swearingen ads. People ex rel. (Duncan, J.). 387 309 630 T Thomas v. City of Chicago. (Craig, C. J.).. 479 Turney ads. People ex rel. (Cooke, J.).. Ullrich ads. Union Drainage District. V Vossler v. Earle. (Farmer, C. J.). W Walczniak ads. People. (Farmer, C. J.) ... ... .... 367 76 387 124 402 546 RULES OF PRACTICE OF THE SUPREME COURT OF ILLINOIS. As revised to May 24, 1916. RECORDS OF TRIAL COURTS-HOW PREPARED. RULE I. The authenticated copy of the record of the judgment, order or decree of the trial court, to be filed in this court on appeal or error, or in return to a writ of error or certiorari, shall contain, in chronological order, copies of-first, the process and service; second, the pleadings; third, the verdict in jury trials; fourth, the judgment or decree of the court; fifth, all orders in the cause; sixth, the bill of exceptions, or, in chancery cases, all depositions, the master's report and certificate of evidence, if any; seventh, the appeal bond, in cases of appeal. But in civil cases a party or his attorney may, by præcipe, direct what files of the cause shall be included in the transcript, and in such case, if the transcript shall be insufficient to fully and fairly present the questions involved, the requisite portion shall be supplied at his cost, and if unnecessarily voluminous, he shall pay the cost of unnecessary matter. In cases removed from the Appellate Court there shall be added a transcript of the proceedings in such court. In no case shall the clerk insert in any transcript any matter not a part of the record, and the clerk of this court shall not tax as costs any matter so inserted contrary to rule. SUPERSEDEAS-MANNER OF APPLYING FOR-BOND. RULE 2. If a supersedeas shall be applied for, the transcript of the record on which the application is made must be complete, and so certified by the clerk of the court below; or, in civil cases, there shall be attached to the transcript a certificate of the judge who heard the cause below, that the transcript contains all of the record necessary to a full and fair presentation of the errors complained of; and the requisite bond must be entered into and filed in the office of the clerk of this court according to law, with the assignment of errors written on or appended to the record. And on every application for a supersedeas, an abstract of the record, with a brief containing the points and authorities relied upon, and pointing specifically to those portions of the record upon which the alleged errors arose, shall be presented, with the record, to the court or judge to whom the application is made. Every such application must be accompanied by a proper affidavit of some credible person, showing the sufficiency of the proffered bail or bond. RULE 3. Whenever a bond is executed by an attorney in fact, the clerk shall require the original power of attorney to be filed in his office, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question, in which case the original power of attorney shall be presented to the clerk and a true copy thereof filed, certified by the clerk to be a true copy of the original. RULE 4. When a writ of error shall be made a supersedeas, the clerk shall endorse upon said writ the following words: "This writ of error is made a supersedeas, and is to be obeyed accordingly," and he shall thereupon file the writ of error, with the transcript of the record, in his office. Said transcript shall be taken and considered as a due return to said writ, and thereupon it shall be the clerk's duty to issue a certificate in substance as follows: ......9 I do hereby certify that a writ of error has issued from this court for the reversal of a [judgment or decree] obtained by...... VS. . . . . . . . ......9 in the ....... court of ........, at the ....... term A. D. 19.., in a certain action of which writ of error is made a supersedeas, and is to operate as a suspension of the execution of the [judgment or decree] and, as such, is to be obeyed by all concerned. Given under my hand and the seal of the Supreme Court, at Springfield, this day of A. D. 19... Clerk. WRITS OF ERROR-PROCESS. RULE 5. Writs of error shall be directed to the clerk or keeper of the record of the court in which the judgment or decree complained of is entered, commanding him to certify a correct transcript of the record to this court; but where the plaintiff in error shall file in the office of the clerk of this court a transcript of the record, duly certified to according to the rules, before a writ of error issues, it shall not be necessary to send such writ to the clerk of the inferior court, but such transcript shall be taken and considered as a due return to said writ. RULE 6. The process on a writ of error shall be a scire facias to hear errors, issued on the application of the plaintiff in error to the clerk, upon the filing of the transcript of record, directed to the sheriff or other officer of the proper county, commanding him to summon the defendant in error to appear in court and show cause, if any he have, why the judgment or decree mentioned in the writ of error shall not be reversed. If the scire facias be not returned executed, successive writs may issue without an order of court. If the application for the scire facias shall be made on or before twenty days before the first day of the succeeding term of said court, then the scire facias shall be made returnable on the first day of such succeeding term; but if the application is not made on or before twenty days before the first day of the succeeding term, then the scire facias shall be made returnable on the first day of the second succeeding term. RULE 7. The first day of each term shall be return day for the return of process, and no party shall be compelled to answer or prepare for hearing unless the scire facias shall have been served twenty days before the return day thereof; nor shall a defendant be at liberty to enter his appearance and compel the plaintiff to proceed with the cause unless the defendant shall have given the plaintiff twenty days' notice, before the term, of his intention to enter his appearance and have the cause proceed to a hearing. If the scire facias is served less than twenty days before the return day thereof, the defendant will be required to plead or join in error by the first day of the second succeeding term to which the cause shall stand continued. |