{
  "id": 2881484,
  "name": "Pioneer Lumber Company, Appellant, v. Woods Brothers Silo & Manufacturing Company, Appellee",
  "name_abbreviation": "Pioneer Lumber Co. v. Woods Bros. Silo & Manufacturing Co.",
  "decision_date": "1915-05-01",
  "docket_number": "",
  "first_page": "103",
  "last_page": "104",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 103"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Pioneer Lumber Company, Appellant, v. Woods Brothers Silo & Manufacturing Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Harris\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Harris"
      }
    ],
    "attorneys": [
      "W. L. Coley, for appellant; Abbott & Edwards, of counsel.",
      "John E. Hamlin, John L. Flannigan and S. W. Baxter, for appellee."
    ],
    "corrections": "",
    "head_matter": "Pioneer Lumber Company, Appellant, v. Woods Brothers Silo & Manufacturing Company, Appellee.\n(Not to be reported in full.)\nAppeal from the City Court of East St. Louis; the Hon. Robert H. FtANNiGAN, Judge, presiding.\nHeard in this court at the October term, 1914.\nAffirmed.\nOpinion filed May 1, 1915.\nStatement of the Case.\nAction in assumpsit brought by the Pioneer Lumber Company against Woods Brothers Silo & Manufacturing Company. The issues joined were referred to a referee for proofs and conclusion.\nThe plaintiff filed exceptions to the referee\u2019s report, which were sustained as to conclusions, and overruled as to evidence. No exceptions were taken to the court\u2019s findings; and judgment was entered in favor of defendant and against plaintiff for costs. No exception was taken to the judgment. The plaintiff appeals. A bill of exceptions was presented to the trial judge after the time limited for filing it had expired, and as the trial judge refused to sign it, no bill of exceptions was made a part of the record on appeal.\nThe plaintiff contended that the evidence was not sufficient to sustain the judgment, and that a bill of exceptions was unnecessary. Also that because of section 68 of chapter 110 of the Practice Act (J. & A. U 8605), when the court in its discretion refers a case to a referee, the action, so far as procedure is concerned, is transformed from a case at law to one on the chancery side.\nW. L. Coley, for appellant; Abbott & Edwards, of counsel.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 788 \u2014when hill of exceptions essential to review. In order that a ruling of a trial court on matters other than those appearing on the common-law record may he reviewed, the questions must he preserv\u00e9d in a bill of exceptions.\n2. Appeal and error, \u00a7 788 \u2014when hill of exceptions essential to review of judgment on referred case. The reference of a- case to a referee does not transfer the action, so far as procedure is concerned, from the law to the chancery side of the court, so as to permit the review of a judgment without a hill of exceptions.\n3. Appeal and error, \u00a7 1002 \u2014when hill of exceptions essential to' review weight of evidence. The question whether a judgment is sustained by the weight of the evidence is not open to review, where neither the evidence nor exceptions to the judgment are preserved by hill of exceptions.\nJohn E. Hamlin, John L. Flannigan and S. W. Baxter, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0103-01",
  "first_page_order": 125,
  "last_page_order": 126
}