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44 Ill. App. 588

Case v. Spiegel

Appellate Court of Illinois

Decided March 25, 1892

Appellate Court of Illinois · decided 1892-03-25

<p>Practice—Appeal and Erren'—Failure to File Bond in Time.</p> <p>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>

Cited by 2 later decisions — most recently November 1900

2 state decisions

Relies on Rozier v. Williams · James v. Dexter · Kenny v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1892-03-25

View the full empirical analysis of this case →

Gary, J.

¶1The appeal was allowed in this case on the 1st day of February, 1892, on condition that the bond should be filed within twenty days. The 21st, the last day of the twenty, fell on Sunday, and the 22d was, as to commercial paper only, a legal holiday. Conceding that Sunday was not to be counted, the bond filed on the 23d was too late.

¶2The motion to dismiss the appeal is therefore sustained. The principle of many cases applies. Kenney v. Jones, 37 Ill. App. 615; Ettelson v. Jacobs, 40 Ill. App. 427; Rosier v. Williams, 92 Ill. 187; James v. Dexter, 112 Ill. 489.

¶3Appeal dismissed..

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