Legal Opinion

Vallens v. Hopkins

Illinois Supreme Court

Decided June 15, 1895PublishedCited by 5 opinions

Appeal from the Appellate Court for tlie First District; — heard in that court on appeal from the Superior Court of Cook county; the* Hon. Theodore Brentano, Judge, presiding. Appellee brought his action of forcible detainer before a justice of the peace, against appellant, and the judgment was adverse to him, whereupon he appealed to the Superior Court of Cook county.

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Appeal from the Appellate Court for tlie First District; — heard in that court on appeal from the Superior Court of Cook county; the* Hon. Theodore Brentano, Judge, presiding. Appellee brought his action of forcible detainer before a justice of the peace, against appellant, and the judgment was adverse to him, whereupon he appealed to the Superior Court of Cook county. His appeal bond was filed before the justice May 25, 1898, and on May 27 following, the transcript, etc., was filed with the clerk of the Superior Court. The June term of the Superior Court commenced on the fifth of that month.…

1Opinion of the CourtJustice Phillips

This case presents for construction section 68, chapter 79, of the Revised Statutes, and we are asked to determine whether, where an appeal bond is filed with the justice, it is necessary to the jurisdiction of the appellate tribunal that the transcript, etc., be filed in that court ten days before the first day of the term.

Sections 64 and 65 of chapter 79 of the Statutes of 1893 are substantially the same as sections 60 and 61 of chapter 59 of the Revised Statutes of 1845. Under the act of 1845 it was held in Boyd v. Kocher, 31 Ill. 295, that where an appeal was perfected before a justice of…

2Cases cited2 opinions

  1. Boyd v. KocherIllinois Supreme Court · 1863
  2. Hayward v. RamseyIllinois Supreme Court · 1874

3Cited by5 opinions

  1. Vincent v. McElvainIllinois Supreme Court · 1922
  2. Bridge & Structural Iron Workers' Union v. SigmundAppellate Court of Illinois · 1900
  3. Estate of Mundy v. MundyAppellate Court of Illinois · 1923
  4. Dyniewicz v. BenzigerAppellate Court of Illinois · 1900
  5. Polk v. SparksSupreme Court of Arkansas · 1914

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