Bolton v. McKinley
Illinois Supreme Court
■ This was an appeal from a judgment of the Circuit Court pronounced upon a feigned issue, raised to try certain questions in relation to a judgment theretofore rendered upon a cognovit. The verdict of the jury was in favor of setting aside the judgment, and that court accordingly set it aside. The plaintiff who had obtained the primary judgment upon the cognovit, prayed an appeal to this court.
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■ This was an appeal from a judgment of the Circuit Court pronounced upon a feigned issue, raised to try certain questions in relation to a judgment theretofore rendered upon a cognovit. The verdict of the jury was in favor of setting aside the judgment, and that court accordingly set it aside. The plaintiff who had obtained the primary judgment upon the cognovit, prayed an appeal to this court. The appeal, on motion, was dismissed, for the reason that the proper proceeding to bring the cause to hearing in this court was by writ of error, and that an appeal would not lie. Subsequently, the…
1Per curiam
The appeal will be reinstated; after joinder in error, it is too late for a party to deny the jurisdiction of this court; his submission to it, by appeal, will give us power to enforce our judgment; and although a writ of error would have been the proper mode of submitting the questions involved in this record to our consideration, it is now before us by appeal, recognized as proper by the action of the appellee by joinder in error, and as he has assented to our taking jurisdiction by this process, we must hold him to his promise and obligation.
Motion to reinstate allowed.
2Cited by3 opinions
- Smith v. Wells Estate Co.Nevada Supreme Court · 1907
- Kane v. PeopleAppellate Court of Illinois · 1883
- Diamond v. Piggly Wiggly Stores, Inc.Appellate Court of Illinois · 1925