Waesch v. Elgin, Joliet & Eastern Railway Co.

MR. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

This litigation was started by the plaintiff suing the defendant for damages to his automobile. The evidence was heard on June 4, 1960, by a police magistrate who then took the case under advisement. On July 1, 1960, the magistrate found in favor of the plaintiff. The defendant appealed to the Circuit Court on August 4, 1960. The Circuit Court dismissed the appeal for the reason that it was not taken within 20 days of the magistrate’s judgment as provided by statute. Ill Rev Stats (1959), ch 79, sec 116. The defendant appeals…