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55 Ill. App. 230

Wilson v. Moses

Appellate Court of Illinois

Decided October 22, 1894

Appellate Court of Illinois · decided 1894-10-22

Memorandum.—Appeal from Justice’s Court. Dismissed for want of prosecution, by the Circuit Court of Cook County; the Hon. Thomas B. Windes, Judge, presiding. Appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

Cited by 1 later decisions — most recently July 1906

1 state decisions

Relies on Reed v. Driscoll · Bessey v. Ruhland · Lawler v. Gordon

Good law ✅— No negative treatment on recordhow we know

Decided 1894-10-22

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Mr. Justice Gary

¶1delivered the opinion oe the Court.

¶2This was an appeal by the appellant here, from the judgment of a justice, perfected by filing the bond with him on the 16th of February, 1892, and the bond and transcript were filed in the Circuit Court March 10, 1892.

¶3Mo appearance was filed by the appellees there nor here, and nothing done in the case until March 12, 1894, when the record states that the cause was called for trial and the appeal dismissed with procedendo, for want of prosecution, on motion of the plaintiffs’ attorney. This was regular. Bessy v. Ruhland, 33 Ill. App. 73.

¶4The statement in the abstract—contrary to the record— that the dismissal was upon a preliminary call, can not be regarded. The appellant urges that the plaintiffs should have been required to prove up their cause, and were not entitled to a procedendo. The decisions are the other way. Reed v. Driscoll, 84 Ill. 96; Lawler v. Gordon, 91 Ill. 602.

¶5The judgment is affirmed.

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