Jenkins v. Hand

Appellate Court of Illinois

Jenkins v. Hand

126 Ill. App. 630, 1906 Ill. App. LEXIS 550

DecidedMarch 22, 1906

StatusPublished

This text of 126 Ill. App. 630 (Jenkins v. Hand) 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

Jenkins v. Hand, 126 Ill. App. 630, 1906 Ill. App. LEXIS 550 (Ill. Ct. App. 1906).

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Opinion

Mr. Justice Higbee

delivered the opinion of the court.

This was a suit commenced by plaintiff in error against defendants in error before a justice of the peace in Wayne county.

A trial was had before a jury and an appeal taken to the County Court. In the County Court a motion was made by defendants in error to dismiss the appeal, for the -reason that the transcript of the justice of the peace showed there was no judgment to appeal from. The County Court sustained the motion, dismissed the appeal and gave judgment against pláintiff in error for costs of suit.

The record in this case fails to show that any exceptions were taken to the ruling of the court below in sustaining the motion of defendants in error to dismiss the appeal or in rendering judgment against plaintiff in error for costs. Such being the case there is nothing for this court to act upon and the judgment of the court below must be affirmed. Bailey v. Smith, 168 Ill. 84; C., R. I. & P. Ry. Co. v. Calumet, 151 Ill. 512; Martin v. Foulke, 114 Ill. 206; Johnson v. Gillett, 52 Ill. 358; Hartenfeld v. Klein, 107 Ill. App. 88; The People v. Slowman, 116 Ill. App. 536.

Affirmed.

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Mr. Justice Higbee

delivered the opinion of the court.

This was a suit commenced by plaintiff in error against defendants in error before a justice of the peace in Wayne county.

A trial was had before a jury and an appeal taken to the County Court. In the County Court a motion was made by defendants in error to dismiss the appeal, for the -reason that the transcript of the justice of the peace showed there was no judgment to appeal from. The County Court sustained the motion, dismissed the appeal and gave judgment against pláintiff in error for costs of suit.

The record in this case fails to show that any exceptions were taken to the ruling of the court below in sustaining the motion of defendants in error to dismiss the appeal or in rendering judgment against plaintiff in error for costs. Such being the case there is nothing for this court to act upon and the judgment of the court below must be affirmed. Bailey v. Smith, 168 Ill. 84; C., R. I. & P. Ry. Co. v. Calumet, 151 Ill. 512; Martin v. Foulke, 114 Ill. 206; Johnson v. Gillett, 52 Ill. 358; Hartenfeld v. Klein, 107 Ill. App. 88; The People v. Slowman, 116 Ill. App. 536.

Affirmed.

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Bluebook (online)

126 Ill. App. 630, 1906 Ill. App. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-hand-illappct-1906.

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