Church v. People

Appellate Court of Illinois

Church v. People

26 Ill. App. 232, 1887 Ill. App. LEXIS 227

DecidedNovember 18, 1887

StatusPublished

This text of 26 Ill. App. 232 (Church v. People) 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

Church v. People, 26 Ill. App. 232, 1887 Ill. App. LEXIS 227 (Ill. Ct. App. 1887).

Pincite

Opinion

Per Curiam.

This was a complaint for bastardy. The finding was against appellant in both the courts below. Questions of fact only were involved and no reason is perceived for supposing they were not rightly decided.

But the judgment here appealed from was erroneous in form, in that it affirmed that of the County Court, to which the case was remitted for execution. The trial, though on appeal, being de novo, the judgment should have been original and complete without reference to that of the County Court, hut requiring the bond of defendant to be made payable to the clerk of that court and filed in his office.

It will therefore be reversed and the cause" remanded for its correction in form. The costs made here are adjudged against the appellant.

jReversed and remanded.

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Per Curiam.

This was a complaint for bastardy. The finding was against appellant in both the courts below. Questions of fact only were involved and no reason is perceived for supposing they were not rightly decided.

But the judgment here appealed from was erroneous in form, in that it affirmed that of the County Court, to which the case was remitted for execution. The trial, though on appeal, being de novo, the judgment should have been original and complete without reference to that of the County Court, hut requiring the bond of defendant to be made payable to the clerk of that court and filed in his office.

It will therefore be reversed and the cause" remanded for its correction in form. The costs made here are adjudged against the appellant.

jReversed and remanded.

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Bluebook (online)

26 Ill. App. 232, 1887 Ill. App. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/church-v-people-illappct-1887.