Legal Opinion

Howard v. Costello

Appellate Court of Illinois

Decided April 3, 1889PublishedCited by 2 opinions

In error to the Circuit Court of Cook County.

1Opinion of the CourtGary, J.

If one of two or-‘more defendants against whom judgment is entered before a justice takes an appeal alone, the other defendant or defendants must be summoned, or return of not found had, under Sec. 70 of the Act of 1873, concerning justices, before the case can be disposed of. Steinborn v. Thomas, 8 Ill. App. 515; Humphreys v. Rodgers, 9 Ill. App. 281; Walter v. Bierman, 59 Ill. 186; Stewart v. Peters, 33 Ill. 384.

This rule having been disregarded in this cas* the judgment must be reversed and the case remanded for proceedings required by the statute.

jReversed and remanded.

2Cases cited4 opinions

  1. Stewart v. PetersIllinois Supreme Court · 1864
  2. Walter v. BiermanIllinois Supreme Court · 1871
  3. Humphreys v. RodgersAppellate Court of Illinois · 1881
  4. Steinborn v. ThomasAppellate Court of Illinois · 1881

3Cited by2 opinions

  1. Tongeln v. KnollAppellate Court of Illinois · 1923
  2. Norton v. CoggswellAppellate Court of Illinois · 1890