13 Ill. 705
Decided June 15, 1852
Illinois Supreme Court · decided 1852-06-15
The appellees, Daniel S. Gray and Ralph Gray, recovered a judgment in the Kane Circuit Court, at the August term thereof. against John Gillilan and Horace Hubbard; who then prayed an appeal, which was allowed, upon condition that they should give the usual bond, with Henry E. Hunt as surety.
Decided 1852-06-15
¶1The motion to dismiss the appeal is sustained. The variance between the obligatory and the conditional parts of the bond is fatal to it. The cross motion of the appellants, asking leave to amend the appeal bond, is overruled.
¶2This court has no authority to allow an amendment of an appeal bond, taken in the Circuit Court, as preliminary to the-removal of a cause for examination here.