Schmidt v. Skelly

The law is well settled that the circuit court has no jurisdiction to dismiss an appeal without the consent of the appellant, unless the transcript from the justice of the peace has been on file ten days before the term. Reed v. Driscoll, 84 Ill. 96; Sheridan v. Beardsley, 89 Id. 477; Mullen v. Graham, 6 Bradwell, 339; Faas v. O’Conner, 6 Id. 593.

At the time the appeal in this case was dismissed, there was on file a transcript of certain proceedings between these parties before the same justice, but the slightest inspection of that paper is sufficient to show that it had no relation to the…