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31 Ill. App. 611

Howard v. Costello

Appellate Court of Illinois

Decided April 3, 1889

Appellate Court of Illinois · decided 1889-04-03

<p>Practice—Appeal by One of Several Defendants—Sec. 70, Act of 1873.</p> <p>Where less than the full number of defendants appeal from the decision of a justice, those not appealing must be summoned, or return of not found had, before the case can be disposed of.</p>

Cited by 2 later decisions — most recently January 1923

2 state decisions

Relies on Walter v. Bierman · Stewart v. Peters · Humphreys v. Rodgers

Good law ✅— No negative treatment on recordhow we know

Decided 1889-04-03

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Gary, J.

¶1If one of two or-‘more defendants against whom judgment is entered before a justice takes an appeal alone, the other defendant or defendants must be summoned, or return of not found had, under Sec. 70 of the Act of 1873, concerning justices, before the case can be disposed of. Steinborn v. Thomas, 8 Ill. App. 515; Humphreys v. Rodgers, 9 Ill. App. 281; Walter v. Bierman, 59 Ill. 186; Stewart v. Peters, 33 Ill. 384.

¶2This rule having been disregarded in this cas* the judgment must be reversed and the case remanded for proceedings required by the statute.

¶3jReversed and remanded.

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