26 Ill. 53
Decided April 15, 1861
Illinois Supreme Court · decided 1861-04-15
This was an action on a note, commenced before a justice of the peace; judgment rendered in favor of the plaintiff below, and by him appealed on the same day. The transcript shows that Lawrence, the plaintiff below, recovered judgment against the defendant, of $48.16, and costs. Same day plaintiff appealed his own judgment. Summons issued from the Circuit Court, January 16th, 1861, to appellee. Summons served on Bacon.
Key passage — most relied on by later courts
““If the appellee is not satisfied with the.judgment of the justice of the -peace he should himself have taken an appeal. By not doing so he acquiesed in that judgment and must now be content with it. Taking an appeal by one party does not deprive the other of the right to do the same thing.””
quoted by 2 later decisions, including Ring v. Graves, Darlington-Miller Lumber Co. v. Hall
Good law ✅— No negative treatment on recordhow we know
Decided 1861-04-15
Cited by 12 later decisions — most recently December 1960
12 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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¶1The appellant had an undoubted right to dismiss his appeal. If the appellee was not satisfied with the judgment of the justice of the peace, he should himself have taken an appeal. By not doing so he acquiesced in that judgment, and must now be content with it. Taking an appeal by one party does not deprive the other of the right to do the same thing. The judgment is affirmed.
¶2Judgment affirmed.