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40 Ill. App. 427

Ettelson v. Jacobs

Appellate Court of Illinois

Decided April 8, 1891

Appellate Court of Illinois · decided 1891-04-08

<p>Practice—Appeal.</p> <p>1. Failure to file an appeal bond and have it approved within the time fixed by an order of court allowing the appeal, is fatal thereto.</p> <p>2. This court dismisses the appeal in the case presented, the trial court having approved and ordered filed, nunc pro tunc, as of a certain date, an appeal bond, the bill of exceptions showing no ground for such order.</p>

Cited by 3 later decisions — most recently November 1892

3 state decisions

Relies on Price v. Pittsburgh, Ft. Wayne & Chicago Railroad · Wormley v. Wormley

Good law ✅— No negative treatment on recordhow we know

Decided 1891-04-08

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Moran, P. J.

¶1The appeal was allowed in the County Court in this case on February 3, 1891, on condition that an appeal bond should be filed within twenty days from said date. The appeal bond is shown by the record to have been presented to the court for approval on March 4, 1891, and to have been approved and ordered filed, nunc pro tunc, as of February 18, 1891. The bill of exceptions shows no ground for such nuno pro tunc order, and it was beyond the power of the court to make it unless grounds therefor were shown.

¶2The failure to file the bond and have it approved within the time fixed by the order allowing the appeal, is fatal to the appeal. Price v. P., Ft. Wayne & Chi. R. R. Co., 40 Ill. 44; Wormly v. Wormly, 96 Ill. 129. The motion to dismiss the appeal will be granted.

¶3Motion granted.

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