Wear v. Killeen
Illinois Supreme Court
Appeal from the Circuit Court of the County of Peoria; the Hon. Marion Williamson, Judge, presiding. This suit was originally commenced by the appellee, John Killeen, against the appellant, Washington Wear, before J. Blanchard, a Police Magistrate for Peoria County, and judgment rendered against the latter, September 22, 1864, for §82 25. Wear took an appeal to the Circuit Court, and at a special term of said court, held in December, 1864, to-wit, on the 19th day of…
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Appeal from the Circuit Court of the County of Peoria; the Hon. Marion Williamson, Judge, presiding. This suit was originally commenced by the appellee, John Killeen, against the appellant, Washington Wear, before J. Blanchard, a Police Magistrate for Peoria County, and judgment rendered against the latter, September 22, 1864, for §82 25. Wear took an appeal to the Circuit Court, and at a special term of said court, held in December, 1864, to-wit, on the 19th day of December, of that year, Killeen, the appellee, entered a motion to dismiss the appeal for reasons on file, and on the 20th of…
1Opinion of the CourtJustice Breese
The question presented by this record is one of practice in cases brought to the Circuit Court by appeal from a Justice of the Peace.
Section 65 of Ch. 59 Title, “Justices and Constables,” provides, if upon the trial of any appeal, the bond required to be given shall be adjudged informal or otherwise insufficient, the party who shall have executed such bond, shall in nowise be prejudiced by reason of such informality or insufficiency, provided, he will, in a reasonable time, to be fixed by the court, execute and file a good and sufficient bond. (Scates’ Comp. 709.) The whole spirit of this act…
2Cited by6 opinions
- Beardsley v. HillIllinois Supreme Court · 1871
- Schofield v. FeltSupreme Court of Colorado · 1887
- Enright v. RehbachAppellate Court of Illinois · 1907
- Hepner v. HepnerAppellate Court of Illinois · 1904
- Town of Greenfield v. MookAppellate Court of Illinois · 1883
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