Casey v. Jordan

Appellate Court of Illinois

Casey v. Jordan

94 Ill. App. 405, 1900 Ill. App. LEXIS 672

CourtAppellate Court of Illinois

DecidedApril 8, 1901

StatusPublished

Cited by1 cases

This text of 94 Ill. App. 405 (Casey v. Jordan) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casey v. Jordan, 94 Ill. App. 405, 1900 Ill. App. LEXIS 672 (Ill. Ct. App. 1901).

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Opinion

Mr. Justice Sears

delivered the opinion of the court.

Appellee brought this suit against appellant before a justice of the peace to recover an amount claimed to be due as rent of premises occupied by appellant. From a judgment of the justice of the peace in favor of appellee, appellant appealed to the Circuit Court.

In the Circuit Court the cause was placed upon the short cause- calendar upon motion of appellee. Mo affidavit was filed in the Circuit Court, as required by the statu té, a prerequisite to the placing of a cause upon the short cause calendar. (Sec. 95, Chap. 110, R. S.) The record shows that a copy only, of such affidavit was filed in the court. If the original affidavit is still in existence, its whereabouts are undisclosed and it was never filed in the Circuit Court. Therefore the cause was improperly placed upon the short cause calendar. Donnerstag v. Loewenthal, 77 Ill. App. 159; Parsley v. Holloran, 87 Ill. App. 581.

Counsel for appellant entered his motion in apt time to strike the cause from the short cause calendar, and renewed the motion at the beginning of the. trial. The motion was denied. This was error.

The judgment is reversed and the cause is remanded.

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Mr. Justice Sears

delivered the opinion of the court.

Appellee brought this suit against appellant before a justice of the peace to recover an amount claimed to be due as rent of premises occupied by appellant. From a judgment of the justice of the peace in favor of appellee, appellant appealed to the Circuit Court.

In the Circuit Court the cause was placed upon the short cause- calendar upon motion of appellee. Mo affidavit was filed in the Circuit Court, as required by the statu té, a prerequisite to the placing of a cause upon the short cause calendar. (Sec. 95, Chap. 110, R. S.) The record shows that a copy only, of such affidavit was filed in the court. If the original affidavit is still in existence, its whereabouts are undisclosed and it was never filed in the Circuit Court. Therefore the cause was improperly placed upon the short cause calendar. Donnerstag v. Loewenthal, 77 Ill. App. 159; Parsley v. Holloran, 87 Ill. App. 581.

Counsel for appellant entered his motion in apt time to strike the cause from the short cause calendar, and renewed the motion at the beginning of the. trial. The motion was denied. This was error.

The judgment is reversed and the cause is remanded.

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94 Ill. App. 405, 1900 Ill. App. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-jordan-illappct-1901.

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