# Bernhard v. Brown

> Appellate Court of Illinois · June 15, 1889 · 31 Ill. App. 385

URL: https://www.frixlaw.com/law-library/cases/6991307

## Case

- **Full name:** Henry Bernhard v. James W. Brown
- **Court:** Appellate Court of Illinois
- **Decided:** June 15, 1889
- **Citations:** 31 Ill. App. 385; 1889 Ill. App. LEXIS 18
- **Precedential status:** Published
- **Opinion:** On rehearing by Guriam
- **Judges:** Guriam
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6991307

## Opinion text

[On petition for rehearing. Opinion filed August 29, 1SS9.]
Per Guriam. This petition for rehearing comes too late under the rules of this court, to be considered. Counsel for appellee, however, seeks to avoid the rule of court by consenting to a rehearing. Consent of counsel for appellant and appellee can not, however, avoid the fact appearing on this record, that the judgment of the Circuit Court was not excepted to, nor a motion for new trial entered. One or the other must be shown to give us jurisdiction to hear and determine a case on its merits. That can not be waived by counsel, nor can we recognize the right of counsel to waive the rules adopted by this court with reference to rehearing. This motion for a rehearing is dismissed.
Motion dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6991307. Public record. Not legal advice.