Dahm v. Estate of Giroux

Appellate Court of Illinois

Dahm v. Estate of Giroux

14 N.E.2d 268, 294 Ill. App. 550, 1938 Ill. App. LEXIS 617

CourtAppellate Court of Illinois

DecidedMarch 31, 1938

DocketGen. No. 9,266

StatusPublished

Cited by1 cases

This text of 14 N.E.2d 268 (Dahm v. Estate of Giroux) 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

Dahm v. Estate of Giroux, 14 N.E.2d 268, 294 Ill. App. 550, 1938 Ill. App. LEXIS 617 (Ill. Ct. App. 1938).

Pincite

Opinion

Mr. Justice Wolfe

delivered the opinion of the court.

This is a case on appeal from the circuit court of Kankakee county, in which the appellees, Agnes Dahm and Celina Breault, filed a claim against the estate of Peter Giroux, by which they claim $3,053 for rents, etc. The case was heard and decided by the court in favor of the appellees, allowing the claim of $1,814 as a first-class claim against the estate, and $900 as a sixth-class claim, to be paid in due course of administration. Judgment was entered on this finding and it is from this judgment that the appeal is taken.

Before the case was submitted at the opening day of court, the appellee had filed a motion to strike the abstract of appellant from the files and to affirm the judgment, because there was no sufficient abstract on file, since it did not comply with the rules of this court; also that the abstract does not contain sufficient facts to show that this court has jurisdiction of the appeal. This motion was taken with the case.

An examination of the abstract shows that it is wholly insufficient. With the exception of a few pages, it is not an abstract at all, but merely an index to the record. Whether the notice of appeal, the appeal bond, or praecipe for the trial record were filed in apt time does not appear from the abstract. The statute requires that this be done within a certain time after the entering of the judgment of the trial court. These facts should all appear in an affirmative manner before this court has jurisdiction of the case.

The motion of the appellee to strike the abstract from the files is hereby sustained and the appeal is dismissed.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Wolfe

delivered the opinion of the court.

This is a case on appeal from the circuit court of Kankakee county, in which the appellees, Agnes Dahm and Celina Breault, filed a claim against the estate of Peter Giroux, by which they claim $3,053 for rents, etc. The case was heard and decided by the court in favor of the appellees, allowing the claim of $1,814 as a first-class claim against the estate, and $900 as a sixth-class claim, to be paid in due course of administration. Judgment was entered on this finding and it is from this judgment that the appeal is taken.

Before the case was submitted at the opening day of court, the appellee had filed a motion to strike the abstract of appellant from the files and to affirm the judgment, because there was no sufficient abstract on file, since it did not comply with the rules of this court; also that the abstract does not contain sufficient facts to show that this court has jurisdiction of the appeal. This motion was taken with the case.

An examination of the abstract shows that it is wholly insufficient. With the exception of a few pages, it is not an abstract at all, but merely an index to the record. Whether the notice of appeal, the appeal bond, or praecipe for the trial record were filed in apt time does not appear from the abstract. The statute requires that this be done within a certain time after the entering of the judgment of the trial court. These facts should all appear in an affirmative manner before this court has jurisdiction of the case.

The motion of the appellee to strike the abstract from the files is hereby sustained and the appeal is dismissed.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

14 N.E.2d 268, 294 Ill. App. 550, 1938 Ill. App. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dahm-v-estate-of-giroux-illappct-1938.

Opinion

Related

Cite This Page — Counsel Stack