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4 Ill. 168

Carson v. Merle

Illinois Supreme Court

Decided December 15, 1841

Illinois Supreme Court · decided 1841-12-15

A. T. Bledsoe moved to dismiss the appeal in this case, because the appeal bond was not entered into within the time limited by the Court, nor was the same executed by the defendants, but by only one of them. The Court below granted the appeal, upon the defendants’ entering into bond, &c., within thirty days.

Decided 1841-12-15

Douglass, Justice:

¶1I concur in dismissing the appeal, for the reason that the bond was not executed within thirty days, as required by the order of the Circuit Court; but dissent from the opinion of a majority of the Court, on the other point; believing that where an appeal has been prayed for and allowed, all or any one of the defendants has the right, under the statute, to file his bond, and prosecute his appeal.

¶2Wilson, Chief Justice, also dissented.

¶3Appeal dismissed.

¶4After the dismissal of the appeal, Campbell moved for a writ of error and supersedeas upon the record filed in the case.

¶5The motion was allowed.

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