Pickering v. Mizner

Decided December 15, 1847

Illinois Supreme Court · decided 1847-12-15

This case originated before a justice of the peace of Kendall county, who rendered a judgment in favor of the plaintiff for §54, and the defendant appealed to the Circuit Court. It was there heard before the Hon. John D. Catón and a jury at the April term 1847, when a verdict was rendered for the plaintiff for $37-78, for which sum the Court rendered a judgment, and for five-sixths of the costs.

Decided 1847-12-15

¶1The Opinion of the Court was delivered by

Treat, J.*

¶2The appellees move to dismiss this appeal, because the record fails to show that the appeal was perfected by the appellant. The clerk certifies that an appeal bond was filed as required by the order allowing the appeal, but the bond is not copied into the record. This is not sufficient. The clerk should have copied the bond, and certified it as a part of the record, so that this Court could determine whether the order of the Circuit Court was complied with. That is a question for this Court, and not the clerk, to decide. The motion is granted.

¶3<Appeal dismissed.

¶4Wilson, C. J. and Justice Denning did not hear the motion, &c„