Counselman v. Sullivan

Decided March 18, 1902

Appellate Court of Illinois · decided 1902-03-18

John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. October 28, 1898, before a justice of the peace, there was rendered a judgment in favor of defendant in error and against plaintiff in error and one Harry B. Clifford jointly, for $200 and costs. November 15, 1898, plaintiff in error filed his appeal bond with the clerk of the Circuit Court, which was approved, and a supersedeas issued to the justice.

Cited by 2 later decisions — most recently February 1945

2 state decisions

Relies on Walter v. Bierman · Great Western Railroad v. City of Decatur · Bourton v. Rathbone, Sard & Co.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1902-03-18

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Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2Section 70 (180) of Chapter 79, Hurd’s Edition, 1901, of the Be vised Statutes, clearly provides that in such a condition as existed in this case the cause shall, at the first teym. of the court, be continued.

¶3The statute is, in this regard, hardly open to construction; it has, however, been passed upon by the Supreme Court in Stewart v. Peters, 33 Ill. 383, and Walter v. Bierman, 59 Ill. 186, and by the Appellate Court in Bourton v. Rathbone, 23 Ill. App. 654.

¶4The judgment of the Circuit Court is reversed and the cause remanded.