Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 164)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1897 Excerpt: ... Ignatz Deimel v. Thomas Parker, Jr. Filed at Ottawa January 19, 1S97. 1. Appeals And Errors--evidence presumed to sustain master's conclusions whennot preserved in transcript. The conclusions of the master will be presumed, on appeal, to have been fully sustained by the evidence where the transcript fails to preserve any of the evidence on which they are based. 2. Same--decree presumed correct in Hie absence of a sufficient record. A decree will be sustained, on appeal, where the appellant fails to bring up enough of the record to present the questions he desires to have reviewed as they were presented to the trial court. 3. Same--material parts of record must be shmcn to have been transcribed. The Supreme Court cannot properly consider any question arising upon the record unless a complete record of the cause is before it, or it is shown in some approved manner that the transcript contains all parts of the record material to a consideration of the questions presented, Deimel v. Parker, 59 111. App. 420, affirmed. Appeal, from the Appellate Court for the First District;--heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Collins, Judge, presiding. Duncan. & Gilbert, for appellant. Moran, Kraus & Mayer, for appellee. Mr. Justice Carter delivered the opinion of the court: We are of the opinion that the Appellate Court decided correctly in holding the transcript of the record of the circuit court insufficient to determine, on appeal, the questions raised and discussed by appellant. One John Deimel filed his bill in equity in the circuit court of Cook county to dissolve the co-partnership between himself and Rudolph and Joseph Deimel, alleging mismanagement and insolvency, and praying for adjustment of its affairs, dissolution, ...