Legal Opinion

Strayer v. Gillespie ex rel. Cosmen

Appellate Court of Illinois

Decided January 28, 1913No. Gen. No. 17,866Published

Appeal from the County Court of Cook county; the Hon. John E. Owens, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

1Opinion of the CourtJustice Barnes

Judgment in this case was rendered against the defendant, Gillespie, as garnishee in a garnishment proceeding. An appeal was prayed by him and allowed. No appeal bond was filed by him, but a bond appears in the record given by the wrong party and to the wrong party. The bond is by one Gilliek, not a party to -the suit, and runs to Gillespie against whom judgment was given. Manifestly the appeal not having been taken by the party to whom the right was given it must be dismissed. Propeller Niagara v. Martin, 42 Ill. 106; Tedrick v. Wells, 152 Ill. 214; Union Nat. Bank of Chicago v. Barth, 179…

2Cases cited3 opinions

  1. Tedrick ex rel. Ruffner v. WellsIllinois Supreme Court · 1894
  2. Union National Bank v. BarthIllinois Supreme Court · 1899
  3. Propeller Niagara v. MartinIllinois Supreme Court · 1866

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