Public-domain · open source
OpenJurist

66 Ill. App. 581

Schoen v. Herzog

Appellate Court of Illinois

Decided November 19, 1896

Appellate Court of Illinois · decided 1896-11-19

<p>1. Practice—Approval of Appeal Bonds.—"When an appeal is taken from an interlocutory order granting an injunction the appeal bond must be approved by the clerk of the court from which the appeal is taken.</p>

Appeal dismissed · Decided 1896-11-19

Mr. Justice Gary

¶1delivered the opinion of the Court-

¶2This is an appeal from an interlocutory order granting an injunction.

¶3This court has no jurisdiction of the appeal.

¶4The appeal bond is not approved by the clerk of the Circuit Court, as the statute requires.

¶5If not approved by him, it matters not who else approved it.

¶6Ho judge, from the chief justice of the Supreme Court down, can take his place in such act, any more than issue the process of the Circuit Court, which the law requires to be signed by the clerk.

¶7The matter is considered at length in Alles Plumbing Company v. Alles, No. 6443 this term, filed November 5, 1896.

¶8The appellant must wait until a final decree, when, if he thinks that injustice is done him, he will have his remedy.

¶9The appeal is dismissed.

/66/illapp/581 · .json · Public domain