Sutherland v. Lawrence

Decided October 17, 1895

Appellate Court of Illinois · decided 1895-10-17

<p>1. Practice—Appeals from, Justices of the Peace. —It is error to dismiss an appeal from a justice for want of prosecution, where the bond is filed with the clerk of the Circuit Court, and the appellee is not summoned nor enters his appearance in that court.</p>

Cited by 2 later decisions — most recently September 1932

2 state decisions

Relies on Wollman v. Greshetti

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1895-10-17

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Mr. Presiding Justice Gary

¶1delivered the opinion of the Court.

¶2This was an appeal to the Circuit Court from the judgment of a justice.

¶3The bond was filed with the clerk of the Circuit Court. The defendant in error—appellee in the Circuit Court—was not summoned into that court, nor did he there enter any appearance, yet the court, without, so far as the record shows, any motion by anybody, dismissed the appeal for want of prosecution.

¶4This is error. Wollman v. Greshetti, 37 Ill. App. 366. The judgment is reversed and the cause remanded.