Church v. Stunkard
Appellate Court of Illinois
Appeal from the County Court of Vermilion County; the Hon. M. W. Thompson, Judge, presiding. Heard in this court at the November term, 1901. Appellee brought this suit before a justice of the peace, where a trial was had by a jury which resulted in a verdict against him. No judgment was entered by the justice on the verdict of the jury, the only entry made by him being as follows: “On March 19, 1901, case called for trial. Defendant aslced for a jury, which was granted.
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Appeal from the County Court of Vermilion County; the Hon. M. W. Thompson, Judge, presiding. Heard in this court at the November term, 1901. Appellee brought this suit before a justice of the peace, where a trial was had by a jury which resulted in a verdict against him. No judgment was entered by the justice on the verdict of the jury, the only entry made by him being as follows: “On March 19, 1901, case called for trial. Defendant aslced for a jury, which was granted. Venire issued and jury summoned. Case tried before jury and jury found for defendant. Plaintiff asked for an appeal.”…
1Opinion of the CourtJustice Barker
The only question involved in this case is whether an appeal may be prosecuted from the verdict of a jury before a justice of the peace. The authority for taking appeals from justices of the peace to higher courts is purely statutory and can be executed only in the manner prescribed by the statute. The statute only provides that appeals may be taken from judgments rendered by justices and not from verdicts of juries in cases tried before them.
No formal words are required of a justice in entering a judgment, but it is necessary that some kind of a judgment be entered; otherwise there is…
2Cited by2 opinions
- Brown v. WilliamsAppellate Court of Illinois · 1918
- Hogue v. KingAppellate Court of Illinois · 1925