Legal Opinion

Silverman v. Childs

Appellate Court of Illinois

Decided April 20, 1903PublishedCited by 3 opinions

Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heard in this court at the October term, 1902. Judgment was rendered in justice court in favor of appellees and against appellant and one Joseph Silverman. An appeal was taken to the Circuit Court by appellant only. November 2, 1899, upon notice supported by affidavit, said cause was placed on the short cause calendar.

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Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heard in this court at the October term, 1902. Judgment was rendered in justice court in favor of appellees and against appellant and one Joseph Silverman. An appeal was taken to the Circuit Court by appellant only. November 2, 1899, upon notice supported by affidavit, said cause was placed on the short cause calendar. December 9, 1899, the court entered an order striking said cause from the short cause calendar. The record contains no order restoring the cause to the regular calendar. April 21, 1901,…

1Opinion of the Court

Mb. Pbesiding Justice Ball

delivered the opinion of the court.

Section 15 of Oh. 110 (Hurd) R. S., reads:

“The clerks of the courts shall keep a docket of all the causes pending in their respective courts, in which shall be entered the names of the parties, the cause of action, and the name of the plaintiff’s attorney, and he shall furnish the judge and bar, at each term, with a copy of the same,” etc.

The docket thus made up is the regular trial calendar. Under Section 95 of the same chapter it is the duty of the clerk, when proper notice, supported by affidavit, has been given and that notice…

2Cases cited1 opinion

  1. Brady v. Washington InsuranceAppellate Court of Illinois · 1899

3Cited by3 opinions

  1. Holbrook v. LawtonAppellate Court of Illinois · 1917
  2. Butterick Publishing Co. v. GoldfarbAppellate Court of Illinois · 1926
  3. McCord v. Briggs & TurivasAppellate Court of Illinois · 1928

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