Legal Opinion

Cook v. Cook

Illinois Supreme Court

Decided September 15, 1882PublishedCited by 9 opinions

This cause came to this court on appeal from the circuit court of Kane county. A transcript. of the record not having been filed in this court within the time prescribed by the statute, the appellee entered his motion, based upon what is known• ás a “short record,” for a dismissal of the appeal. That motion was allowed.

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This cause came to this court on appeal from the circuit court of Kane county. A transcript. of the record not having been filed in this court within the time prescribed by the statute, the appellee entered his motion, based upon what is known• ás a “short record,” for a dismissal of the appeal. That motion was allowed. On a subsequent day of the term Mr. J. H. Mayborne, in behalf of the appellant, moved the court to set aside the order of dismissal, and to continue the cause, to the end that appellant may have reasonable time in which to file a transcript of the record in this court. The…

1Opinion of the Court

Craig, J.:

The facts stated do not take the case out of the rule that an application for an extension of time to file the transcript of the record in this court, in the case of an appeal, must be made within the time prescribed by the statute for the filing of such transcript. It is not made to appear here at what date the term of the court at which the judgment appealed from was rendered, came to a close, but we will assume, for the purposes of this motion, in the absence of anything showing the contrary, that twenty days intervened between the last day of that term and the sitting of this…

2Cited by9 opinions

  1. A. R. Barnes & Co. v. Chicago Typographical Union No. 16Illinois Supreme Court · 1908
  2. Hill v. City of ChicagoIllinois Supreme Court · 1905
  3. Toltec Live Stock Co. v. GillespieWyoming Supreme Court · 1912
  4. Jackson v. HaislySupreme Court of Florida · 1891
  5. McCarthy v. City of ChicagoAppellate Court of Illinois · 1916

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