McVey v. Huott

The law is well settled, that when an appeal from a justice of the peace is perfected by filing the appeal bond with the clerk of the circuit court, the court has no power to either dismiss or try the appeal without the consent of the appellant, unless the appellee has been brought into court ten days before the term, either by service of summons, the return of two nihils, or voluntary appearance. R. S. Chap. 79, Sec. 68; Lehman v. Freeman, 86 Ill. 208; Sheridan v. Beardsley, 89 Id. 477; Camp v. Hogan, 73 Id. 228; Faas v. O’Conner, 6 Bradwell, 596; McMullen v. Graham, Id. 239.

In this case,…