Mager v. Hutchinson

Illinois Supreme Court

Mager v. Hutchinson

7 Ill. 265

DecidedDecember 15, 1845

StatusPublished

This text of 7 Ill. 265 (Mager v. Hutchinson) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mager v. Hutchinson, 7 Ill. 265 (Ill. 1845).

Pincite

Opinion

Per Curiam.

The motion to dismiss the appeal .in this case must be overruled. The record shows a power of attorney, executed in due form, authorizing the attorney in fact to execute the appeal bond, bearing date prior to the date of the bond. Nothing being made to appear to the contrary, the presumption is, that the power of attorney was. executed on the day of its date. The twenty sixth rule, requiring the power of attorney, or a copy, to he filed with the clerk at the time of the execution of the bond, only refers to cases where the bond is entered into before the clerk of this Court.

Motion overruled.

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

Per Curiam.

The motion to dismiss the appeal .in this case must be overruled. The record shows a power of attorney, executed in due form, authorizing the attorney in fact to execute the appeal bond, bearing date prior to the date of the bond. Nothing being made to appear to the contrary, the presumption is, that the power of attorney was. executed on the day of its date. The twenty sixth rule, requiring the power of attorney, or a copy, to he filed with the clerk at the time of the execution of the bond, only refers to cases where the bond is entered into before the clerk of this Court.

Motion overruled.

Cite This Page — Counsel Stack

Bluebook (online)

7 Ill. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mager-v-hutchinson-ill-1845.