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101 Ill. App. 148

Church v. Stunkard

Appellate Court of Illinois

Decided April 9, 1902

Appellate Court of Illinois · decided 1902-04-09

M. W. Thompson, Judge, presiding. Heard in this court at the November term, 1901. Appellee brought this suit before a justice of the peace, where a trial was had by a jury which resulted in a verdict against him. No judgment was entered by the justice on the verdict of the jury, the only entry made by him being as follows: “On March 19, 1901, case called for trial. Defendant aslced for a jury, which was granted. Venire issued and jury summoned.

Cited by 2 later decisions — most recently February 1925

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1902-04-09

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Mr. Justice Barker

¶1delivered the opinion of the court.

¶2The only question involved in this case is whether an appeal may be prosecuted from the verdict of a jury before a justice of the peace. The authority for taking appeals from justices of the peace to higher courts is purely statutory and can be executed only in the manner prescribed by the statute. The statute only provides that appeals may be taken from judgments rendered by justices and not from verdicts of juries in cases tried before them.

¶3No formal words are required of a justice in entering a judgment, but it is necessary that some kind of a judgment be entered; otherwise there is nothing to appeal from, and the court appealed to acquires no jurisdiction of the case. In this case the justice did not attempt to enter a judgment on the verdict of the jury, and the court should have sustained appellant’s motion to dismiss the appeal. The judgment of the County Court will be reversed and the cause remanded, with directions to dismiss the appeal.

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