McCall v. Lesher

Decided December 15, 1845

Illinois Supreme Court · decided 1845-12-15

In this case, the counsel for the appellees moved the Court to dismiss the appeal, first, because the appeal was prayed for by, and allowed to all the plaintiffs below, but the appeal bond was executed by a part of them only; and secondly, because the decree set forth in the bond is not the same as that sought to be reversed, but varies therefrom.

Decided 1845-12-15

¶1The Opinion of the Court was delivered by

Treat, J.

¶2In this case, after joinder in error, the defendants move the Court to dismiss the appeal, because of a defective appeal bond.

¶3In our opinion, the motion comes too late. An appeal is one of the modes of bringing cases into this Court. By joining in error, the defendants submit the case to the judgment of the Court, and waive all irregularities in the mode of bringing it here. As well may a defendant, who has pleaded to the declaration, ask to have the suit dismissed because of a defective summons. Preliminary objections of this kind must always be insisted on before pleading to the merits.

¶4The motion -is denied.

¶5■Motion denied.