Black v. City of Peru

*53Dissenting Opinion

Givan, J.

I agree with the majority in this case that the docketing of an appeal to the Circuit Court by the Clerk of that Court is a purely ministerial duty. Had the appellant exercised due diligence in the prosecution of his appeal he certainly would have been entitled to have obtained an order directing the Clerk to properly perform his duties. However, under the circumstances I am in total accord with the decision of the Appellate Court and would call specific attention to the last paragraph of that Court’s opinion wherein it is stated ■that the burden is on the appealing…