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117 Ill. App. 551

Flack v. Moore

Appellate Court of Illinois

Decided January 6, 1905

Appellate Court of Illinois · decided 1905-01-06

<p>1. Stay order—toben refusal to grant, upon application of one who has filed Ids petition in bankruptcy, is not error. A defendant in a judgment rendered by a justice of the peace who has appealed to the Circuit Court and has filed his petition in bankruptcy, cannot complain of the action of the judge of such Circuit Court in refusing to stay the proceedings in such cause where, upon final hearing, he having in the meantime been discharged as a bankrupt, he is granted a perpetual stay of execution, inasmuch as the plaintiff is entitled to his remedy against the surety upon the appeal bond.</p> <p>2. Error—when, cannot be complained of. An appellant is not permitted to take advantage of an error which does not injuriously affect him.</p>

Cited by 3 later decisions — most recently January 1910

3 state decisions

Relies on Bowman v. Venice & Carondelet Railway Co. · Hill v. Harding · Short v. Raub

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-01-06

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Mr. Presiding Justice Baker

¶1delivered the opinion of the court.

¶2If the court had stayed the suit and the defendant had thereafter received his discharge in bankruptcy, the plaintiff would then have been entitled to proceed to judgment against him for the purpose of charging the surety in the appeal bond, but the defendant would have been entitled to an order for the perpetual stay of execution. If he had failed to obtain a discharge, the plaintiff would have been entitled to a general judgment against him. Hill v. Harding, 116 Ill. 92.

¶3Appellant, by the perpetual stay of execution on the judgment in this case, has obtained all the relief he could have obtained had the suit been stayed until after his discharge in bankruptcy. Nothing is better settled than that one is not permitted in a court of review to take advantage of an error that does not injuriously affect himself. Bowman v. V. & C. Ry. Co., 102 Ill. 459; Short v. Raub, 81 Ill. 509.

¶4The judgment of the Circuit Court will be affirmed.

¶5Affit'med.

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