Smith v. Ammen
Appellate Court of Illinois
Bill for an Injunction.—Appeal from the Circuit Court of Douglas County; the Hon. William G-. Cochran, Judge, presiding.
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Bill for an Injunction.—Appeal from the Circuit Court of Douglas County; the Hon. William G-. Cochran, Judge, presiding. Heard in this court at the November term, 1901-, In the Circuit Court, appellees filed a demurrer to appellant’s bill for injunction, reciting that on the 2d of March, 1901, appellee Jasper McCandless, recovered a judgment against him before appellee McKnight, a justice of the peace, for $64.44; that he was not present at the trial but was represented by counsel; that the judgment was unjust and that he owed McCandless nothing; that he filed with the justice, on the 20th of…
1Opinion of the CourtJustice Harker
It appears from the recitals in the bills that the onlv reason why McKnight refused to indorse a formal approval on the appeal bond and send to the County Court a transcript of the case and the papers therein was the refusal of appellant to pay him $1.10 costs. While McKnight was entitled to payment of his services as performed, he was not entitled to $1.10 before approving the appeal -bond. We are of the opinion, too, that the acceptance of the bond by him, marking it filed and expressing his satisfaction with the security, amounted to an approval of it. We have already held at this term of…
2Cited by6 opinions
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- Antrim v. Guyer & Calkins Co.Appellate Court of Illinois · 1945
- Worley v. EasleyWest Virginia Supreme Court · 1941
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