Trustees of Schools for Township six v. Starbird
Illinois Supreme Court
This action was commenced by Starbird before a justice of the peace in Randolph county, upon which he recovered a judgment against the Trustees of Schools. One of the trustees took an appeal to the Circuit Court of Randolph county. A motion was made in the Circuit Court to dismiss the appeal for want of a sufficient -bond, and also a motion to amend the appeal bond. The Circuit Court sustained the motion to dismiss, and entered judgment accordingly.
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This action was commenced by Starbird before a justice of the peace in Randolph county, upon which he recovered a judgment against the Trustees of Schools. One of the trustees took an appeal to the Circuit Court of Randolph county. A motion was made in the Circuit Court to dismiss the appeal for want of a sufficient -bond, and also a motion to amend the appeal bond. The Circuit Court sustained the motion to dismiss, and entered judgment accordingly. From this judgment of the Circuit Court, the trustees took an appeal to this court. The judgment of the Circuit Court was pronounced by…
1Opinion of the CourtTreat, C. J.
Starbird recovered a judgment, before a justice of the peace, against the trustees of schools, of a township-in Randolph county. An appeal bond was entered into by one of the trustees, and approved by the clerk of the Circuit Court.. The court overruled an application by the trustees to amend the bond, and sustained a motion of the plaintiff to dismiss the-appeal.
This case is not distinguishable from those of Bragg v. Fessenden, 11 Ill. 544, and Boosman v. Freeman, 12 Ill. 165. The principle is settled in those cases, that where a party, by himself or his agent, undertakes to appeal from the…
2Cases cited2 opinions
- Bragg v. FessendenIllinois Supreme Court · 1850
- Boorman v. FreemanIllinois Supreme Court · 1850
3Cited by7 opinions
- Town of Partridge v. SnyderIllinois Supreme Court · 1875
- Wheeler v. KuhnsSupreme Court of Colorado · 1886
- Drainage Dist. No. 5, Oklahoma County v. FerrellSupreme Court of Oklahoma · 1912
- Enright v. RehbachAppellate Court of Illinois · 1907
- Hepner v. HepnerAppellate Court of Illinois · 1904
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