Bulger v. Hoffman
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of forcible detainer, by Hoffman against Bulger and Walsh, commenced before a justice of the peace in Cook county, and on appeal to the Circuit Court was dismissed. The cause was brought to this court, and the order for dismissal assigned for error.
1Opinion of the CourtChief Justice Breese
There is no bill of exceptions appearing in this record, and, in its absence, we must presume the appeal was dismissed for non-compliance with some proper rule or order of the court. It is impossible for this court, on what appears, to say why the appeal was dismissed. Appellant should have preserved the point by a bill of exceptions. The act of the legislature (§ 7, of Laws 1857), applies, in terms, to appeals from an inferior court, and authorizes their dismissal if an affidavit of merits be not filed before the expiration of the rule to plead, as in other cases.
We must presume such a rule…
2Cited by4 opinions
- Blair v. RayIllinois Supreme Court · 1882
- City of Chicago v. PorterIllinois Supreme Court · 1888
- Wright v. HatchettAppellate Court of Illinois · 1883
- Lanyon v. Michigan Buggy Co.Appellate Court of Illinois · 1901