In re Harmanek

Decided November 19, 1896

Appellate Court of Illinois · decided 1896-11-19

<p>1. Appeals—From Orders of Discharge fromArrest. —An appeal from an order of the County Court discharging a person from arrest on a co. set. issued by a justice of the peace must be taken to the Appellate Court.</p>

Cited by 1 later decisions — most recently June 1905

1 state decisions

Relies on Huntington v. Metzger · Huntington v. Metzger

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded with directions · Decided 1896-11-19

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2Questions not easy of solution are suggested, but not presented, by this record. The appellee applied to the County Court to be discharged from arrest on a oa. sa. issued by a justice, and was there victorious.

¶3The creditors appealed to the Circuit Court, the case was there tried by a jury, and the result was the same.

¶4The Circuit Court had no jurisdiction of that appeal; it should have been to this court. Huntington v. Metzger, 51 Ill. App. 222; not reversed as to this point in 158 Ill. 272.

¶5The judgment of the Circuit Court is reversed and the cause remanded, with directions to dismiss the appeal to that court. Reversed and remanded with directions.