Legal Opinion

Counselman v. Sullivan

Appellate Court of Illinois

Decided March 18, 1902PublishedCited by 1 opinion

Error to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. October 28, 1898, before a justice of the peace, there was rendered a judgment in favor of defendant in error and against plaintiff in error and one Harry B. Clifford jointly, for $200 and costs.

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Error to the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. October 28, 1898, before a justice of the peace, there was rendered a judgment in favor of defendant in error and against plaintiff in error and one Harry B. Clifford jointly, for $200 and costs. November 15, 1898, plaintiff in error filed his appeal bond with the clerk of the Circuit Court, which was approved, and a supersedeas issued to the justice. A transcript of the justice’s judgment and the appearance of defendant in error were duly filed with…

1Opinion of the CourtJustice Waterman

Section 70 (180) of Chapter 79, Hurd’s Edition, 1901, of the Be vised Statutes, clearly provides that in such a condition as existed in this case the cause shall, at the first teym. of the court, be continued.

The statute is, in this regard, hardly open to construction; it has, however, been passed upon by the Supreme Court in Stewart v. Peters, 33 Ill. 383, and Walter v. Bierman, 59 Ill. 186, and by the Appellate Court in Bourton v. Rathbone, 23 Ill. App. 654.

The judgment of the Circuit Court is reversed and the cause remanded.

2Cases cited2 opinions

  1. Walter v. BiermanIllinois Supreme Court · 1871
  2. Bourton v. Rathbone, Sard & Co.Appellate Court of Illinois · 1887

3Cited by1 opinion

  1. Antrim v. Guyer & Calkins Co.Appellate Court of Illinois · 1945

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