Mitchell v. Jacobs
Illinois Supreme Court
The defendants in error presented a claim for allowance against the estate of Matthew Mitchell, deceased, in the County Court of Fulton county, which was objected to by the plaintiff in error, and upon a trial the County Court found against the claimants, and rendered judgment for costs. From this judgment the defendants in error attempted to take an appeal to the Circuit Court.
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The defendants in error presented a claim for allowance against the estate of Matthew Mitchell, deceased, in the County Court of Fulton county, which was objected to by the plaintiff in error, and upon a trial the County Court found against the claimants, and rendered judgment for costs. From this judgment the defendants in error attempted to take an appeal to the Circuit Court. The bond purports to be executed by both of the defendants in error, but was only signed by Henry Emery, one of them, together with John P. Boice, as security. The bond was approved by the clerk of the County Court on…
1Opinion of the Court
Catón, J.
This was an appeal taken from the county to the Circuit Court. At the first term after the appeal was taken, the parties appeared and the cause was continued by consent. At the next term, the appellee in the Circuit Court made a motion to dismiss the appeal, because the appeal bond was not filed within the time prescribed by the statute; and also, because it was not approved by the proper officer. This motion was overruled, which is assigned for error. This identical question was decided by this court, in the case of Pearce v. Swan, 1 Scam. 266. In that case, the court said: “Taking…
2Cited by11 opinions
- Brown v. VankeurenIllinois Supreme Court · 1930
- Glennon v. BrittonIllinois Supreme Court · 1895
- Rock Island Bank & Trust Co. v. StauduharAppellate Court of Illinois · 1978
- Kelly v. BrownIllinois Supreme Court · 1923
- Kemper v. Town of WaverlyIllinois Supreme Court · 1876
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