Public-domain · open source
OpenJurist

207 Ill. 235

Fortune v. Gilbert

Illinois Supreme Court

Decided February 17, 1904

Illinois Supreme Court · decided 1904-02-17

Jesse Holdom, Judge, presiding. This is an action of debt, brought in the superior court of Cook county by James H. Gilbert, who sues for the use of Kate McGuire, administratrix of the estate of Robert McGuire, deceased, against Catharine McGuire, Patrick O’Toole, Cornelius Hickey and Peter Fortune, upon a supersedeas bond signed by the defendants below, conditionéd that they would prosecute a certain writ of error with effect, and pay the plaintiff mentioned in the bond…

Relies on Hileman v. Beale

Good law ✅— No negative treatment on recordhow we know

Decided 1904-02-17

How this case has been cited

Cited by 7 later decisions — most recently December 1924

7 state decisions

30190419101920decided

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.

View the full empirical analysis of this case →

Mr. Justice Ricks

¶1delivered the opinion of the court:

¶2The motion to dismiss the appeal will be allowed. The right of appeal is a statutory right, and can only be availed of when allowed by the court, and must then be in conformity to the prayer for appeal and the order of allowance. Here the appeal was prayed and granted to three of the parties jointly and perfected by only one of them. It is not in compliance with the prayer or order of appeal. (Carson v. Merle, 3 Scam. 168; Hileman v. Beale, 115 Ill. 355; Ellison v. Hammond, 189 id. 470; Tedrick v. Wells, 152 id. 214; Town v. Howieson, 175 id. 85.

¶3Appeal dismissed.

/207/ill/235 · .json · Public domain