Toledo, Peoria & Warsaw R. R. v. Coomes
Illinois Supreme Court
Oh the 16th day of December, 1865, Tipton Coomes recovered a judgment in the Circuit Court' of McLean county, against the Toledo, Peoria and Warsaw Railroad company, in an action on the case, for the sum of seventy-five dollars damages. On the 28th day of the same month the company prayed an appeal from that judgment to the Supreme Court, which was allowed, upon the company’s entering into bond, etc.
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Oh the 16th day of December, 1865, Tipton Coomes recovered a judgment in the Circuit Court' of McLean county, against the Toledo, Peoria and Warsaw Railroad company, in an action on the case, for the sum of seventy-five dollars damages. On the 28th day of the same month the company prayed an appeal from that judgment to the Supreme Court, which was allowed, upon the company’s entering into bond, etc. On the 2d day of January following, an appeal bond was filed in conformity with the order of the court allowing the appeal. A transcript of the record was filed in the Supreme Court on the 19th…
1Opinion of the Court
Per Curiam :
It is agreed between the parties that the term of the Circuit Court at which the judgment appealed from was rendered was not adjourned until the 19th day of January, 1866, which was the 16th day of the present term of this court.
The proper disposition of this motion depends upon the construction to be given to the second section of the act of February 16, 1865 (Sess. Acts, p. 3), which provides that “ authenticated copies of records, judgments and orders appealed from shall be filed in the office of the clerk of the Supreme Court, on or before the second day of the succeeding term…
2Cited by1 opinion
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