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37 Ill. App. 615

Kenny v. Jones

Appellate Court of Illinois

Decided February 10, 1891

Appellate Court of Illinois · decided 1891-02-10

<p>Appeals—Bond—Practice.</p> <p>Failure to appeal and file a bond within five days from the rendition of the judgment is fatal in an action of forcible entry and detainer. The time within which a bond should be filed can not be extended.</p>

Cited by 3 later decisions — most recently April 1893

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1891-02-10

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Waterman, J.

¶1Judgment was rendered in this cause, it being an action for forcible detainer, on the 19th day of June, 1890. On the 23d of June defendants prayed an appeal, but no bond was filed until the 27th of that month. This was not a compliance with the statute permitting appeals in such cases.

¶2The statute permits an appeal, “provided the appeal is prayed and bond is filed within five days from the rendition of the judgment.” Starr & C. Ill. Stats., 1183.

¶3The court had no power to extend the time within which a bond could be filed.

¶4The motion to dismiss the appeal will therefore be granted.

¶5Appeal dismissed.

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