Walsh v. People
Illinois Supreme Court
This was a proceeding instituted before a justice of the peace, upon a complaint for an assault- and battery. A trial was had and a fine of ten dollars was inflicted upon the plaintiff in error; whereupon he prayed an appeal to the Circuit Court, which was allowed. A bond was executed in the penal sum of $42 00, reciting that the judgment was fora like sum. In the Circuit Court, a motion was made to dismiss, because the appeal bond did not conform to the requisitions of law.
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This was a proceeding instituted before a justice of the peace, upon a complaint for an assault- and battery. A trial was had and a fine of ten dollars was inflicted upon the plaintiff in error; whereupon he prayed an appeal to the Circuit Court, which was allowed. A bond was executed in the penal sum of $42 00, reciting that the judgment was fora like sum. In the Circuit Court, a motion was made to dismiss, because the appeal bond did not conform to the requisitions of law. The Circuit Court, Underwood, Judge, presiding, sustained the motion, and dismissed the appeal. The defendant below,…
1Opinion of the CourtTreat, C. J.
Walsh prosecuted an appeal from the decision of a justice of the peace, imposing upon him a fine of ten dollars for an assault and battery. The appeal bond was in the penalty of forty-two dollars, and recited a judgment for the same amount.
The Circuit Court refused leave to amend the bond, and dismissed the appeal. Those decisions are assigned for error. The bond was clearly defective. It did not clearly describe the j udgment appealed from. There was a material variance between the judgment rendered by the justice, and the one referred to in the condition of the bond. The Court properly…
2Cited by2 opinions
- Ham v. PeopleIllinois Supreme Court · 1853
- Stephens v. PeopleIllinois Supreme Court · 1851