Woodcock v. Bennet
Court for the Trial of Impeachments and Correction of Errors
321 BUTLER, for the appellant, moved to strike this cause ° the calendar, on the ground, that the appellant not havg filed his petition of appeal, addressed to the Court, it not in a state to be placed on the calendar of causes to be heard. It appeared, that the register of the Court of Chancery had transmitted to this Court the original appeal filed in that Court, addressed to the Chancellor, together with a transcript of the proceedings in the cause m that Court.
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321 BUTLER, for the appellant, moved to strike this cause ° the calendar, on the ground, that the appellant not havg filed his petition of appeal, addressed to the Court, it not in a state to be placed on the calendar of causes to be heard. It appeared, that the register of the Court of Chancery had transmitted to this Court the original appeal filed in that Court, addressed to the Chancellor, together with a transcript of the proceedings in the cause m that Court. The respondent then filed, in this Court, his answer to a petition of appeal, (though no such appeal had been filed here5) and…
1Per curiam 1
The appellant must file his petition of appeal, addressed to this Court, before it can be possessed of the cause. By the rules of this Court,* that petition must be filed in the office of the register, or assistant register, with whom the decree, or order appealed from, has been entered ; and he annexes to it the decree, or order appealed from; and the petition of appeal, with the matter annexed, is to be brought into this Court and filed. The answer of the respondent to that petition, is, then, to be filed in this Court; and the cause being at issue, may then be placed on the calendar. The…
Also in this document: Per curiam 2.
2Cited by1 opinion
- Harrington v. SteesIllinois Supreme Court · 1876