Garrity v. Bash
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This action was commenced before a justice of the peace, but defendant not appearing, judgment was rendered against him as by default.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This action was commenced before a justice of the peace, but defendant not appearing, judgment was rendered against him as by default. From that judgment defendant prosecuted an appeal to the circuit court, by giving the usual bond, but neglected to file the appeal papers in the office of the circuit clerk, whereupon plaintiff took up the papers and advanced “ appeal fees,” as is required by statute. Notice was served upon defendant that a rule would be asked upon him to refund “ appeal fees.” Failing to…
1Opinion of the CourtJustice Scott
When defendant perfected his appeal, it was his du.ty to cause the papers in the case to be deposited in the office of the clerk of the circuit court, and advance such fees as are required by statute to be prepaid. That, he neglected to do. On service of notice, a rule was entered against him to refund, instanter, “ appeal fees ” advanced by plaintiff. Failing to appear and show cause against such rule, the court, in the exercise of a sound discretion, as it might well do, dismissed defendant’s appeal.' It does not appear, by affidavit or otherwise, defendant had any defense to the action,…
2Cited by2 opinions
- Newby v. YellinAppellate Court of Illinois · 1930
- Layman v. DethardingAppellate Court of Illinois · 1903