Legal Opinion

Illinois Central Railroad v. Johnson

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 9 opinions

This was an appeal from the Circuit Court of McLean county. The judgment from which this appeal was taken was rendered at the December Term, 1862, of the Circuit Court, and during the same term, but on a day subsequent to the entering of the judgment, the railroad company prayed their appeal, which was granted, and the company allowed thirty days in which to file an appeal bond, in the penalty of double the amount of the judgment, with Asahel Gridley as security.

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This was an appeal from the Circuit Court of McLean county. The judgment from which this appeal was taken was rendered at the December Term, 1862, of the Circuit Court, and during the same term, but on a day subsequent to the entering of the judgment, the railroad company prayed their appeal, which was granted, and the company allowed thirty days in which to file an appeal bond, in the penalty of double the amount of the judgment, with Asahel Gridley as security. Within the time prescribed, the company filed an appeal bond in the penalty required, with Gridley as security. The bond, as it…

1Per curiam

The appeal was prayed during the term at which the judgment appealed from was rendered, and that was in good time. Balance v. Frisby, 1 Scam. 595; McMillen v. Bethold, decided at this term, ante p. 34.

The second ground for the motion is also untenable. This court, does not know, judicially, that the railroad company has a seal, other than a scrawl, such as appears in this record, and which purports to be a seal.

Moreover, this is a copy of the original bond, and the clerk could not make a fac simile of a corporate seal or device which might have been, and, for ought that appears, was, attached…

2Cited by9 opinions

  1. Consolidated Coal Co. v. PeersIllinois Supreme Court · 1894
  2. Gildenhorn v. Columbia Real Estate Title InsuranceCourt of Appeals of Maryland · 1974
  3. Phillips v. InsleyCourt of Appeals of Maryland · 1910
  4. Miller v. Superior Machine Co.Illinois Supreme Court · 1875
  5. Bucklen. v. HasterlikIllinois Supreme Court · 1895

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