Fortune v. Gilbert
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This is an action of debt, brought in the superior court of Cook county by James H. Gilbert, who sues for the use of Kate McGuire, administratrix of the estate of Robert McGuire, deceased, against Catharine McGuire, Patrick O’Toole, Cornelius Hickey and Peter Fortune, upon a supersedeas bond signed by the defendants below, conditionéd that they would prosecute a certain writ of error with effect, and pay the plaintiff mentioned…
1Opinion of the CourtJustice Ricks
The motion to dismiss the appeal will be allowed. The right of appeal is a statutory right, and can only be availed of when allowed by the court, and must then be in conformity to the prayer for appeal and the order of allowance. Here the appeal was prayed and granted to three of the parties jointly and perfected by only one of them. It is not in compliance with the prayer or order of appeal. (Carson v. Merle, 3 Scam. 168; Hileman v. Beale, 115 Ill. 355; Ellison v. Hammond, 189 id. 470; Tedrick v. Wells, 152 id. 214; Town v. Howieson, 175 id. 85.
Appeal dismissed.
2Cases cited1 opinion
- Hileman v. BealeIllinois Supreme Court · 1886
3Cited by8 opinions
- City of Momence v. KirbyIllinois Supreme Court · 1924
- Carter v. PeopleAppellate Court of Illinois · 1905
- Kissack v. BourkeAppellate Court of Illinois · 1907
- West Disinfecting Co. v. KoppelmanAppellate Court of Illinois · 1920
- Bieber v. ThomaAppellate Court of Illinois · 1914
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