Price v. Pittsburgh, Ft. Wayne & Chicago Railroad
Illinois Supreme Court
Appeal from the Superior Court of Chicago. On the 23d day of April, 1864, which was subsequent to the filing of the record in this court, the parties to this suit, by their respective counsel, entered into and filed a stipulation, in writing, that the abstract of the record, which had been amended, should be regarded as the correct abstract; and the stipulation also fixed the consideration of certain deeds referred to in the record.
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Appeal from the Superior Court of Chicago. On the 23d day of April, 1864, which was subsequent to the filing of the record in this court, the parties to this suit, by their respective counsel, entered into and filed a stipulation, in writing, that the abstract of the record, which had been amended, should be regarded as the correct abstract; and the stipulation also fixed the consideration of certain deeds referred to in the record. Subsequently, on the 11th day of May, 1864, the counsel for the appellee moved the court to dismiss the appeal, because, as appeared in the record, the appeal was…
1Opinion of the Court
Per Curiam :
It was held in Carson v. Merle et al., 3 Scam. 168, that where an appeal is granted upon the parties filing a bond within a designated time, the failure to file the bond within the time fixed by the court will be ground for dismissing the appeal upon motion. But such motion must be made in apt time; it comes too late after an appearance. In this case, the stipulation filed by the parties must be regarded as an appearance, and therefore a waiver of the objection taken to the time of filing the appeal bond. Moreover, the joinder in error was an appearance. True, the joinder was…
2Cited by8 opinions
- Sullivan v. People ex rel. HeeneyIllinois Supreme Court · 1906
- Brown v. VankeurenIllinois Supreme Court · 1930
- Tedrick ex rel. Ruffner v. WellsIllinois Supreme Court · 1894
- Dinet v. People ex rel. PfirshingIllinois Supreme Court · 1874
- Eggleston v. Royal Trust Co.Illinois Supreme Court · 1901
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