Chicago, Pekin & Southwestern Railroad v. President of the Town of Marseilles
Illinois Supreme Court
In this case an appeal was prayed from the Appellate Court for the Second District. The order granting the appeal, made in vacation, was dated August 23, 1882, and was filed in the clerk’s office August 25. The order allowed an appeal on condition an appeal bond should be filed within thirty days. The cause was heard in the Appellate Court at the May term, 1882, and a judgment of affirmance entered in vacation on the 8th day of August, following.
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In this case an appeal was prayed from the Appellate Court for the Second District. The order granting the appeal, made in vacation, was dated August 23, 1882, and was filed in the clerk’s office August 25. The order allowed an appeal on condition an appeal bond should be filed within thirty days. The cause was heard in the Appellate Court at the May term, 1882, and a judgment of affirmance entered in vacation on the 8th day of August, following. No appeal bond having been filed by the 29th day of August, the appellee filed in the office of the clerk of the Appellate Court a waiver of any…
1Opinion of the Court
Craig, J.:
The waiver by the appellee of the appeal bond did not operate to perfect the appeal for any purpose, either to make it incumbent upon the party praying the appeal to prepare the cause for a hearing at the present term, or to suspend the judgment in the court below. The parties are in precisely the same attitude they were before that waiver was filed. There is no appeal here for us to act upon,— nothing to dismiss. The case will be stricken from the docket.
Motion denied.
2Cited by7 opinions
- Veach v. HendricksAppellate Court of Illinois · 1935
- Wishard v. School Directors of District No. 11Appellate Court of Illinois · 1935
- Gage v. ArndtIllinois Supreme Court · 1885
- Abbott v. LeeAppellate Court of Illinois · 1957
- Illinois Central Railroad v. Commissioners of Highways of the Town of ParadiseAppellate Court of Illinois · 1895
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