Neagle v. Dawson

Decided March 31, 1896

Appellate Court of Illinois · decided 1896-03-31

<p>1. Practice—Affirmance—Damages for Delay.—A dismissal of an appeal is an affirmance of the judgment for the purpose of giving damages for delay, as well as a remedy upon the appeal bond.</p>

Cited by 2 later decisions — most recently October 1911

2 state decisions

Relies on Garrick v. Chamberlain

Good law ✅— No negative treatment on recordhow we know

Damages assessed in this court · Decided 1896-03-31

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Mr. Presiding Justice Gary

¶1delivered the opinion of the Court.

¶2Oh the first day of this term the appellant dismissed this appeal.

¶3The appellees now ask damages. Sections 23 and 24, Chapter 33, “Costs,” and Section 74, Chapter 110, “Practice,” entitle the appellees to damages.

¶4The dismissal of the appeal is an affirmance of the judgment of the Superior Court, for the purpose of giving damages for delay, as well as for remedy upon the appeal bond. Garrick v. Chamberlain, 97 Ill. 620.

¶5Damages are awarded—ten per cent on the first $100, and five per cent on the residue—as the appeal appears to have been only for delay.