Legal Opinion

Perkins v. Klein

Appellate Court of Illinois

Decided February 11, 1896PublishedCited by 1 opinion

Debt, on appeal bond. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the October term, 1895. Statement oe the Case. Appellee is the surety on an appeal bond, given by one Jacob Berkson, in an appeal from this court to the Supreme Court. Originally an order of. commitment and warrant issued out of the Circuit Court of Cook County against Berkson for contempt of court.

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Debt, on appeal bond. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the October term, 1895. Statement oe the Case. Appellee is the surety on an appeal bond, given by one Jacob Berkson, in an appeal from this court to the Supreme Court. Originally an order of. commitment and warrant issued out of the Circuit Court of Cook County against Berkson for contempt of court. Upon this warrant Berk-son was confined in the county jail by the sheriff of Cook county. A writ of error was sued out of this court, which was made a…

1Opinion of the CourtJustice Waterman

The judgment of this court having been affirmed by' the Supreme Court, more than ten days after such affirmance, suit was begun upon the bond given by appellee. When suit was so begun default on said bond had been made by appellee. The condition of the bond gave to him ten days after affirmance within which to pay the amount mentioned in said bond or surrender Berkson. Appellee did neither. Instead of this, he waited for the result of a petition for rehearing.

On December 5th, twenty days after the present suit was begun, and nearly a month after his default, he obtained from the Supreme Court…

2Cases cited2 opinions

  1. City of Cairo v. EverettIllinois Supreme Court · 1883
  2. Hurd v. BurrIllinois Supreme Court · 1859

3Cited by1 opinion

  1. Klein v. BoydAppellate Court of Illinois · 1896

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