Graff v. Reed

Appellate Court of Illinois

Graff v. Reed

5 Ill. App. 561, 1879 Ill. App. LEXIS 111

CourtAppellate Court of Illinois

DecidedJanuary 13, 1880

StatusPublished

Cited by1 cases

This text of 5 Ill. App. 561 (Graff v. Reed) 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

Graff v. Reed, 5 Ill. App. 561, 1879 Ill. App. LEXIS 111 (Ill. Ct. App. 1880).

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Opinion

Per Curiam.

Appellant having failed to file a record in this cause or to apply for an extension of time within which to file the same, the appeal was subsequently dismissed on short record, and now appellant moves the court to set aside the order dismissing the appeal, and permit him to file his record.

This motion must be overruled. The statute required the record in this cause to be filed on or before the second day of the term, otherwise the court is required to dismiss the appeal, unless further time to file the same shall have been granted by the court. This statute is imperative, and leaves no discretion in the court. At the expiration of the time given by statute the record had not been filed, nor had any application been made to the court to give further time for that purpose. The motion now comes too late. Simpson v. Simpson, 3 Bradwell, 432; Adams et al. v. Robertson, 40 Ill. 40.

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Per Curiam.

Appellant having failed to file a record in this cause or to apply for an extension of time within which to file the same, the appeal was subsequently dismissed on short record, and now appellant moves the court to set aside the order dismissing the appeal, and permit him to file his record.

This motion must be overruled. The statute required the record in this cause to be filed on or before the second day of the term, otherwise the court is required to dismiss the appeal, unless further time to file the same shall have been granted by the court. This statute is imperative, and leaves no discretion in the court. At the expiration of the time given by statute the record had not been filed, nor had any application been made to the court to give further time for that purpose. The motion now comes too late. Simpson v. Simpson, 3 Bradwell, 432; Adams et al. v. Robertson, 40 Ill. 40.

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Bluebook (online)

5 Ill. App. 561, 1879 Ill. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graff-v-reed-illappct-1880.

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