Bragg v. Fessenden
Illinois Supreme Court
The facts involved in this suit are set out in the following agreed case: “ This was a judgment originally rendered by a justice of the peace, on 2d July, 1849, and appealed to the Circuit Court of Lee county, on the 21st day of July following. The appeal bond was executed in due form, signed as follows : “Addison G. Bragg, (seal,) by Robert C. Masters, his attorney in fact.
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The facts involved in this suit are set out in the following agreed case: “ This was a judgment originally rendered by a justice of the peace, on 2d July, 1849, and appealed to the Circuit Court of Lee county, on the 21st day of July following. The appeal bond was executed in due form, signed as follows : “Addison G. Bragg, (seal,) by Robert C. Masters, his attorney in fact. “Robert C. Masters, (seal.”) On application of the defendant in the Court below, at April term, 1850, it was ordered that Masters should file his authority to sign the name of Bragg to the appeal bond. This authority was…
1Opinion of the Court
Opinion by Mr. Justice Trumbull :
Bragg, against whom a judgment had been entered by a justice of the peace, wrote his agent, requesting him to take an appeal to the Circuit-Court; but the authority to take the appeal was not under seal. The agent, however, executed an appeal bond, in due form, affixing a seal to his principal’s name. Subsequently Bragg ratified and confirmed the act of his agent, by the execution of a power of attorney under seal. The Circuit Court dismissed the appeal for want of a sufficient bond—it appearing that the power of attorney was not executed till more than twenty…
2Cited by12 opinions
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