Queenan v. Palmer

Decided May 14, 1886

Illinois Supreme Court · decided 1886-05-14

<p>1. Practice in Supreme Court—when cause is prematurely taken. If a cause on docket is taken prematurely for decision before the appellees are required to join in error, there being nothing to show that they have all appeared and filed their briefs, and before an abstract of the record of the Appellate Court is filed as required, the order taking the case will be set aside and the cause continued.</p> <p>2. Appeal—during a term of this court. Where an appeal is taken from the Appellate Court to this court during a term of this court, the appellees are not bound to follow the case to that term.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1886-05-14

How this case has been cited

Cited by 13 later decisions — most recently February 1939

4 federal appellate · 8 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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Per Curiam :

¶1This ease is brought to this court by appeal ■ from the final order of the Appellate Court for the Third District, made on the 5th day of January, 1886, but the record was not filed in this court until the 15th day of January, 1886. No abstract of the record of the Appellate Court has been filed, as required by ..the rules of this court. The-case was therefore prematurely taken for decision. It was not ready to be taken. Nor is there any joinder in error or any briefs prepared for the Supreme Court by some of appellees, so that it can not be known whether appellees are all in court or not. The appeal was taken and allowed after-the January term, 1886, of the Supreme Court had commenced, and appellees were not hound by law to follow the-case to that term of court. There is nothing to show that-some of appellees have entered their appearance at the present-term of this court.

¶2The order taking the case will be set aside and the case-continued.

¶3Order set aside.