Legal Opinion

Rosenthal v. Craig

Appellate Court of Illinois

Decided November 5, 1896PublishedCited by 2 opinions

Appeal, from a justice of the peace. Error to the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Heard in this court at the October term, 1896.

1Opinion of the CourtJustice Waterman

It has been settled by repeated adjudication that where an appeal from a judgment of a justice of the peace is taken by filing bond in the Circuit Court, and summons to the appellee is issued and served upon him, or two nihils have been returned, or the appearance of the appellee has been entered. which service, returns or appearance has been ten days before the term of court at which proceedings are taken, the appeal may be dismissed, and not otherwise without the consent of the appellant. Chicago Dredging and Dock Co. v. McCarthy, 11 Ill. App. 552; Camp v. Hogan, 73 Ill. 228; Sheridan v.…

2Cases cited6 opinions

  1. Camp v. HoganIllinois Supreme Court · 1874
  2. Sheridan v. BeardsleyIllinois Supreme Court · 1878
  3. Schmidt v. SkellyAppellate Court of Illinois · 1882
  4. Sutherland v. LawrenceAppellate Court of Illinois · 1895
  5. Wollman v. GreshettiAppellate Court of Illinois · 1890

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3Cited by2 opinions

  1. Scheldt v. GoldsmithAppellate Court of Illinois · 1900
  2. Hecht v. FranklinAppellate Court of Illinois · 1904

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