Boorman v. Freeman
Illinois Supreme Court
Boorman sued Freeman & Co. before a justice of the peace, upon an account. Freeman & Co. filed an account in set off, and recovered a judgment against Boorman for $24 38. From this judgment Boorman appealed to the Morgan Circuit Court; the appeal bond was signed by'an unauthorized agent in the name of Boorman.
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Boorman sued Freeman & Co. before a justice of the peace, upon an account. Freeman & Co. filed an account in set off, and recovered a judgment against Boorman for $24 38. From this judgment Boorman appealed to the Morgan Circuit Court; the appeal bond was signed by'an unauthorized agent in the name of Boorman. In the Circuit Court, Freeman & Co. moved to dismiss the appeal, because of the insufficiency' of the bond; Boor-man then filed a cross motion for leave-to file an amended bond, and that the cause be continued. Whereupon, the Circuit Court, Woodson, Judge, presiding, at November term,…
1Opinion of the CourtTreat, C. J.
This case does not differ in principle from that of Bragg v. Fessenden, 11 Ill., 544. There, an agent executed the appeal bond in the name of the appellant, without authority under seal for that purpose. Subsequently and after the expiration of the time allowed by law for talcing the appeal, the appellant executed a power of attorney confirming the act of the agent. This Court held that the bond was sufficient, and reversed the judgment of the Circuit Court dismissing the appeal. Here the agent had no authority under seal to execute the appeal bond, on behalf of the appellant. But, when the…
2Cases cited1 opinion
- Bragg v. FessendenIllinois Supreme Court · 1850
3Cited by4 opinions
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- Trustees of Schools for Township six v. StarbirdIllinois Supreme Court · 1851
- Hepner v. HepnerAppellate Court of Illinois · 1904
- Yannoulakis v. SinopuoloAppellate Court of Illinois · 1918