Ellison v. Hammond

Decided February 20, 1901

Illinois Supreme Court · decided 1901-02-20

Murray F. Tuley, Judge, presiding. The appellees filed a bill in chancery in the circuit court of Cook county against the appellant and other defendants, to foreclose a mortgage upon certain real estate located in said county.

Relies on Hileman v. Beale

Good law ✅— No negative treatment on recordhow we know

Decided 1901-02-20

How this case has been cited

Cited by 4 later decisions — most recently March 1957

4 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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Mr. Justice Hand

¶1delivered the opinion of the court:

¶2The right of appeal is granted by statute and can only be exercised when allowed by the court, and then in conformity with the order of the court. The appeal was prayed by and allowed to the defendants jointly, and could only be perfected by the filing of their joint appeal bond, duly approved, within the time fixed by the court. If the appellant desired to sever the appeal he should have prayed a separate appeal. The defendants other than appellant not having attempted to perfect the appeal by filing a bond within the time fixed by the court, the defective appeal of appellant could not be cured by filing a new bond signed by all of the defendants.. Hileman v. Beale, 115 Ill. 355; Tedrick v. Wells, 152 id. 214; Town v. Howieson, 175 id. 85.

¶3The Appellate Court did not err in refusing appellant leave to file a new bond and in dismissing the appeal. The judgment of the Appellate Court is affirmed.

¶4Judgment affirmed.