Bacon v. Lawrence
Illinois Supreme Court
This was an action on a note, commenced before a justice of the peace; judgment rendered in favor of the plaintiff below, and by him appealed on the same day. The transcript shows that Lawrence, the plaintiff below, recovered judgment against the defendant, of $48.16, and costs. Same day plaintiff appealed his own judgment. Summons issued from the Circuit Court, January 16th, 1861, to appellee. Summons served on Bacon.
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This was an action on a note, commenced before a justice of the peace; judgment rendered in favor of the plaintiff below, and by him appealed on the same day. The transcript shows that Lawrence, the plaintiff below, recovered judgment against the defendant, of $48.16, and costs. Same day plaintiff appealed his own judgment. Summons issued from the Circuit Court, January 16th, 1861, to appellee. Summons served on Bacon. Plaintiff moves to dismiss his appeal in the Circuit Court. Defendant makes cross-motion for leave to join in the appeal. Court ordered that plaintiff be allowed to dismiss his…
1Opinion of the CourtCaton, C. J.
The appellant had an undoubted right to dismiss his appeal. If the appellee was not satisfied with the judgment of the justice of the peace, he should himself have taken an appeal. By not doing so he acquiesced in that judgment, and must now be content with it. Taking an appeal by one party does not deprive the other of the right to do the same thing. The judgment is affirmed.
Judgment affirmed.
2Cited by16 opinions
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- Eden Musee Co. v. YoheNebraska Supreme Court · 1893
- Kansas City, Ft. Scott & Gulf Rld. v. HammondSupreme Court of Kansas · 1881
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