Lovell v. Divine

Appellate Court of Illinois

Lovell v. Divine

12 Ill. App. 50, 1882 Ill. App. LEXIS 149

CourtAppellate Court of Illinois

DecidedDecember 28, 1882

StatusPublished

Cited by1 cases

This text of 12 Ill. App. 50 (Lovell v. Divine) 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

Lovell v. Divine, 12 Ill. App. 50, 1882 Ill. App. LEXIS 149 (Ill. Ct. App. 1882).

Pincite

Opinion

Pillsbuky, P. J.

In appeals from the final orders, judgments and decrees of the county court to the circuit court the trial in the latter court should be de novo: Revised Stat. 1874, page 339, sec. 212. The act of 1872 extending the jurisdiction of county courts, provided for trials in circuit courts on appeals taken under that act upon the record of the county court, as in cases of appeal to the Supreme Court from the circuit, but that act was repealed by the act of 1874, even if it was applicable to causes arising under the probate jurisdiction of the county court: Lucas v. Dennington, 86 Ill. 88.

A final judgment or order should have been entered in the circuit court determining the rights of the parties in the matters involved in the appeals.

The practice of entering fro forma orders at the circuit was criticised by the Supreme Court in Penn’s Adm’rs v. Oglesby, 89 Ill. 110, and should not therefore be indulged in. The judgment will be reversed and the cause remanded for a new trial at the circuit.

Judgment reversed.

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

Pillsbuky, P. J.

In appeals from the final orders, judgments and decrees of the county court to the circuit court the trial in the latter court should be de novo: Revised Stat. 1874, page 339, sec. 212. The act of 1872 extending the jurisdiction of county courts, provided for trials in circuit courts on appeals taken under that act upon the record of the county court, as in cases of appeal to the Supreme Court from the circuit, but that act was repealed by the act of 1874, even if it was applicable to causes arising under the probate jurisdiction of the county court: Lucas v. Dennington, 86 Ill. 88.

A final judgment or order should have been entered in the circuit court determining the rights of the parties in the matters involved in the appeals.

The practice of entering fro forma orders at the circuit was criticised by the Supreme Court in Penn’s Adm’rs v. Oglesby, 89 Ill. 110, and should not therefore be indulged in. The judgment will be reversed and the cause remanded for a new trial at the circuit.

Judgment reversed.

Cite This Page — Counsel Stack

Bluebook (online)

12 Ill. App. 50, 1882 Ill. App. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovell-v-divine-illappct-1882.

Opinion

Related

Cite This Page — Counsel Stack