Legal Opinion
Sutherland v. Lawrence
Appellate Court of Illinois
Decided October 17, 1895PublishedCited by 2 opinions
Appeal from a Justice of the Peace.—Error to the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the October term, 1895.
1Opinion of the Court
Mr. Presiding Justice Gary
delivered the opinion of the Court.
This was an appeal to the Circuit Court from the judgment of a justice.
The bond was filed with the clerk of the Circuit Court. The defendant in error—appellee in the Circuit Court—was not summoned into that court, nor did he there enter any appearance, yet the court, without, so far as the record shows, any motion by anybody, dismissed the appeal for want of prosecution.
This is error. Wollman v. Greshetti, 37 Ill. App. 366. The judgment is reversed and the cause remanded.
2Cases cited1 opinion
- Wollman v. GreshettiAppellate Court of Illinois · 1890
3Cited by2 opinions
- Rosenthal v. CraigAppellate Court of Illinois · 1896
- Beasley v. PasheaAppellate Court of Illinois · 1932