Heyer Storage Battery Co. v. Hanson & Tan Winkle Co.

Appellate Court of Illinois

Heyer Storage Battery Co. v. Hanson & Tan Winkle Co.

92 Ill. App. 226, 1900 Ill. App. LEXIS 764

CourtAppellate Court of Illinois

DecidedNovember 22, 1900

StatusPublished

Cited by1 cases

This text of 92 Ill. App. 226 (Heyer Storage Battery Co. v. Hanson & Tan Winkle Co.) 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

Heyer Storage Battery Co. v. Hanson & Tan Winkle Co., 92 Ill. App. 226, 1900 Ill. App. LEXIS 764 (Ill. Ct. App. 1900).

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Opinion

Mr. Presiding Justice Adams

delivered the opinion of the court.

In this case a motion by appellee to dismiss the appeal was reserved till the hearing. January 13, 1900, judgment was rendered in favor of appellee and against appellant, and, at the same date, appellant prayed and was allowed an appeal, on the appellant filing its appeal bond and bill of exceptions within thirty days from January 13, 1900. The time is to be computed from the day the order was made, viz., from January 13, 1900. (Carson v. Merle, 3 Scam. 168.) So computing, the last day for filing the bond was February 12, 1900. The bond was not filed until February 14, 1900. February 9, 1900, the following order was' entered :

“ Ordered that the clerk’s office of the Circuit Court be closed all day Monday, February 12, 1900, and all rules and orders requiring answers of the parties affected, or action by the court, are hereby postponed until Tuesday, February 13, 1900.

Conceding that the effect of this order was to extend the time for filing the bond, it only extended such time to February 13th.

Failure to file the appeal bond within the time limited by the court, is fatal to the appeal; therefore the appeal will be dismissed. Case v. Spiegel, 44 Ill. App. 588.

Appeal dismissed.

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Mr. Presiding Justice Adams

delivered the opinion of the court.

In this case a motion by appellee to dismiss the appeal was reserved till the hearing. January 13, 1900, judgment was rendered in favor of appellee and against appellant, and, at the same date, appellant prayed and was allowed an appeal, on the appellant filing its appeal bond and bill of exceptions within thirty days from January 13, 1900. The time is to be computed from the day the order was made, viz., from January 13, 1900. (Carson v. Merle, 3 Scam. 168.) So computing, the last day for filing the bond was February 12, 1900. The bond was not filed until February 14, 1900. February 9, 1900, the following order was' entered :

“ Ordered that the clerk’s office of the Circuit Court be closed all day Monday, February 12, 1900, and all rules and orders requiring answers of the parties affected, or action by the court, are hereby postponed until Tuesday, February 13, 1900.

Conceding that the effect of this order was to extend the time for filing the bond, it only extended such time to February 13th.

Failure to file the appeal bond within the time limited by the court, is fatal to the appeal; therefore the appeal will be dismissed. Case v. Spiegel, 44 Ill. App. 588.

Appeal dismissed.

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92 Ill. App. 226, 1900 Ill. App. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heyer-storage-battery-co-v-hanson-tan-winkle-co-illappct-1900.

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