Garrity v. Bash

Decided September 15, 1876

Illinois Supreme Court · decided 1876-09-15

Joseph E. Gaby, Judge, presiding. This action was commenced before a justice of the peace, but defendant not appearing, judgment was rendered against him as by default. From that judgment defendant prosecuted an appeal to the circuit court, by giving the usual bond, but neglected to file the appeal papers in the office of the circuit clerk, whereupon plaintiff took up the papers and advanced “ appeal fees,” as is required by statute.

Cited by 2 later decisions — most recently May 1930

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-09-15

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Mr. Justice Scott

¶1delivered the opinion of the Court:

¶2When defendant perfected his appeal, it was his du.ty to cause the papers in the case to be deposited in the office of the clerk of the circuit court, and advance such fees as are required by statute to be prepaid. That, he neglected to do. On service of notice, a rule was entered against him to refund, instanter, “ appeal fees ” advanced by plaintiff. Failing to appear and show cause against such rule, the court, in the exercise of a sound discretion, as it might well do, dismissed defendant’s appeal.' It does not appear, by affidavit or otherwise, defendant had any defense to the action, and his appeal was properly dismissed for non-compliance with the rule to refund costs advanced.

¶3The judgment will be affirmed.

¶4Judgment affirmed.