McCall v. Moss

Decided March 15, 1881

Illinois Supreme Court · decided 1881-03-15

At the March term of this court the appellee entered his motion for a rule upon the appellant to give an additional appeal bond in a larger sum. At the present term the appellant moves to discharge the rule entered under the prior motion.

Good law ✅— No negative treatment on recordhow we know

Decided 1881-03-15

How this case has been cited

Cited by 4 later decisions — most recently December 1909

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sheldon, J.:

¶1This is a motion to discharge a rule to give an additional appeal bond in a larger sum. It is an appeal from the Appellate Court. The circuit court rendered a decree for $36,000. An appeal was taken to the Appellate Court, and the circuit court' required a bond of $40,000. That bond was given. The Appellate Court affirmed the decree. On appeal from the Appellate Court to this court an appeal bond of $300 vfas required. If given, that bond would be sufficient to cover costs in this court, in case we affirmed the judgment of the Appellate Court, and we' understand that this bond for $40,000, given in the circuit court on the appeal to the Appellate Court, would stand as security for the payment of the decree. If so, we think the bond is sufficient in amount. No exception is taken to the sufficiency of the sureties,—it is only as to the amount of the bond.

¶2The rule will be discharged.

¶3Rule discharged,