In force 21st July, 1837.
AN ACT to amend the Act entitled “An Act concerning Practice in Courts of Law,” approved
29th January, 1827.
1Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That exceptions taken to opinions and decisions of the circuit courts, upon the trial of causes, in which the parties agree that both matters of law and
fact may be tried by the court; and in appeal cases, tried by the court without the
intervention of a jury, shall be deemed and held to have been properly taken and allowed,
and the party excepting may assign for error before the supreme court, any decision
or opinion so excepted to, whether such exception relates to receiving improper, or
rejecting proper testimony, or to the final judgment of the court upon the law and
evidence.
Sec. 2. Exceptions taken to opinions or decisions of the circuit courts, overruling motions in arrest of judgment, motions for new trials, and for continuances
of causes, shall hereafter be allowed; and the party excepting may assign for error
any opinion so excepted to, any usage to the contrary notwithstanding.
Approved, 21st July 1837.
1James Turney introduced SB 26 in the Senate on July 15, 1837. The Senate passed the bill on July 18. The House of Representatives concurred on July 21. On July 21, the Council of Revision approved the bill and the act became law.
Journal of the House of Representatives of the Tenth General Assembly of the State
of Illinois, at a Special Session of the General Assembly, Begun and Held in the Town
of Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 114, 154, 181; Journal of the Senate of the Tenth General Assembly of the State of Illinois, at a
Special Session, Begun and Held in Vandalia, July 10, 1837 (Vandalia, IL: William Walters, 1837), 55-56, 90, 120, 145, 146.
Printed Document, 1 page(s), Laws of the State of Illinois, Passed by the Tenth General Assembly, at their Special Session (Vandalia, IL: William Walters, 1837), 109, GA Session: 10-S,