Legal Opinion

Evans v. People

Appellate Court of Illinois

Decided May 28, 1888Published

Appeal from the Circuit Court of Warren County; the Hon. John J. Glenn, Judge, presiding. The facts in this case are, that at the October term, 1886, of the County Court of Warren County, the case was tried bef re a jury and a verdict rendered against appellant, the then defendant, upon which a judgment was rendered on the 9th day of November, 1886, and on that day he prayed an appeal to the Circuit Court, which was “ by the court allowed on filing bond in the sum of $800 in…

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Appeal from the Circuit Court of Warren County; the Hon. John J. Glenn, Judge, presiding. The facts in this case are, that at the October term, 1886, of the County Court of Warren County, the case was tried bef re a jury and a verdict rendered against appellant, the then defendant, upon which a judgment was rendered on the 9th day of November, 1886, and on that day he prayed an appeal to the Circuit Court, which was “ by the court allowed on filing bond in the sum of $800 in twenty days from this date, the said bond to be approved by this court.” On the 18th day of November the bond was filed…

1Opinion of the CourtLacey, J.

The question presented by this record is whether the first dismissal of the appeal from the County Court was a bar to the second appeal. Upon the decision of this question, if in the affirmative, depends the right of the appellant to maintain the case in court upon the second appeal, or the second time he filed his papers in the Circuit Court.

We think that the dismissal of the appeal might, at least, be a bar to the presentation of any other appeal in the same ease. If the appeal had been dismissed simply because it had not been perfected in the proper manner by the bond and security being…

2Cases cited11 opinions

  1. Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
  2. Randolph v. EmerickIllinois Supreme Court · 1851
  3. Blair v. RayIllinois Supreme Court · 1882
  4. Parsons v. EvansIllinois Supreme Court · 1855
  5. Gaddy v. McCleaveIllinois Supreme Court · 1871

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