Guthrie v. Costello

Appellate Court of Illinois

Guthrie v. Costello

116 Ill. App. 500, 1904 Ill. App. LEXIS 115

DecidedOctober 14, 1904

StatusPublished

This text of 116 Ill. App. 500 (Guthrie v. Costello) 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

Guthrie v. Costello, 116 Ill. App. 500, 1904 Ill. App. LEXIS 115 (Ill. Ct. App. 1904).

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Opinion

Mr. Justice Gest

delivered the opinion of the court.

This is an action of replevin commenced by appellant before a justice of the peace. On the trial before the justice, judgment was entered for the plaintiff, Guthrie. Defendants appealed to the Circuit Court by filing bond with the circuit clerk. The judgment of the justice was rendered on November 2, 1901. The appeal bond was filed with the circuit clerk on November 23, 1901. No process appears to have been issued against the appellant upon the filing of the bond with the clerk, but at the April term, 1902, he entered his motion to dismiss the appeal for want of a sufficient appeal bond and because appeal-was not taken in time. The Circuit Court overruled the motion. Trial was had and judgment was rendered for defendant. It is urged here that the court erred in refusing to dismiss the appeal. We think the error is well assigned. The appeal was not taken within the twenty days prescribed by the statute. No appearance was entered by appellant except by his motion to dismiss appeal. The motion should have been allowed. Kemper v. Town of Waverly, 81 Ill. 278; Darwin v. Jones, 82 Ill. 107; Lucas v. Beebe, 88 Ill. 367; Rozier v. Williams, 92 Ill. 187.

The judgment is reversed and the cause remanded with directions to dismiss the appeal with procedendo.

Reversed and remanded with directions.

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Mr. Justice Gest

delivered the opinion of the court.

This is an action of replevin commenced by appellant before a justice of the peace. On the trial before the justice, judgment was entered for the plaintiff, Guthrie. Defendants appealed to the Circuit Court by filing bond with the circuit clerk. The judgment of the justice was rendered on November 2, 1901. The appeal bond was filed with the circuit clerk on November 23, 1901. No process appears to have been issued against the appellant upon the filing of the bond with the clerk, but at the April term, 1902, he entered his motion to dismiss the appeal for want of a sufficient appeal bond and because appeal-was not taken in time. The Circuit Court overruled the motion. Trial was had and judgment was rendered for defendant. It is urged here that the court erred in refusing to dismiss the appeal. We think the error is well assigned. The appeal was not taken within the twenty days prescribed by the statute. No appearance was entered by appellant except by his motion to dismiss appeal. The motion should have been allowed. Kemper v. Town of Waverly, 81 Ill. 278; Darwin v. Jones, 82 Ill. 107; Lucas v. Beebe, 88 Ill. 367; Rozier v. Williams, 92 Ill. 187.

The judgment is reversed and the cause remanded with directions to dismiss the appeal with procedendo.

Reversed and remanded with directions.

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116 Ill. App. 500, 1904 Ill. App. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guthrie-v-costello-illappct-1904.

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