Summary
In City of Chicago v. Wohlbach, 316 Ill. 203, 204, there was no certificate that the bill of exceptions filed was a part of the record.
Summary of this case from Toombs v. LewisOpinion
No. 16357. Judgment affirmed.
Opinion filed February 17, 1925 Rehearing denied April 11, 1925.
APPEAL from the Superior Court of Cook county; the Hon. E.M. MANGAN, Judge, presiding.
LOEWENSTEIN RABINOFF, (JOHN F. DENISSEN, of counsel,) for appellant.
DANIEL S. WENTWORTH, and DAVID B. MALONEY, for appellee.
The city of Chicago, in a certain proceeding to widen Western avenue, condemned the property here involved. Clara M. Smith, appellee, was the owner of the property and George A. Carelin was the tenant. A judgment of condemnation was entered and the compensation fixed at $15,000. Appellant filed an intervening petition in said proceedings, asking that the value of his lease be fixed and that he be awarded his proportion of the $15,000. The answer of appellee was filed and evidence taken. The jury found that the lease was of no value and a judgment was entered on this verdict. This appeal followed.
Appellant contends that improper evidence was admitted on behalf of appellee and that proper evidence on his behalf was rejected; that erroneous instructions were given on behalf of appellee; and that the verdict of the jury is contrary to the weight of the evidence. Such questions must be preserved in a bill of exceptions, and this court cannot review the questions unless there is incorporated in the record filed a bill of exceptions containing all of the evidence and all of the instructions. There is what purports to be a bill of exceptions attached to the record filed in this case, but it is not certified by the clerk as a part of the record. For that reason we are precluded from consideration of the only questions urged by appellant.
The judgment is affirmed.
Judgment affirmed.