Vermont Township v. Koons

Appellate Court of Illinois

Vermont Township v. Koons

42 Ill. App. 454, 1891 Ill. App. LEXIS 291

DecidedDecember 3, 1891

StatusPublished

This text of 42 Ill. App. 454 (Vermont Township v. Koons) 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

Vermont Township v. Koons, 42 Ill. App. 454, 1891 Ill. App. LEXIS 291 (Ill. Ct. App. 1891).

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Opinion

Per Curiam.

This case originated before a justice of the peace in Fulton County, and the plaintiff in error being also the plaintiff below, prosecuted an appeal from the judgment of the justice to the Circuit Court of the same county, where the appeal was dismissed at plaintiff’s costs for want of a sufficient appeal bond. The errors assigned and sought to be reviewed are, that the court erred, first, in holding the appeal bond to be insufficient; second, in dismissing the appeal; and third, in rendering judgment for costs against the plaintiff in error. Ho bill of exceptions is filed, and from the transcript of the record made by the clerk of the Circuit Court, it does not appear that exception was taken to any ruling of the court.

Had the plaintiff in error desired to review the decision of the Circuit Court, it should have excepted to its rulings and had such exception properly preserved. Neely v. Wright, 72 Ill. 292; Hyatt v. Brown, 82 Ill. 28; Force Mfg. Co. v. Horton, 74 Ill. 310.

The judgment of the Circuit Court must be affirmed because there is nothing in the record that we can consider.

Judgment affirmed.

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Per Curiam.

This case originated before a justice of the peace in Fulton County, and the plaintiff in error being also the plaintiff below, prosecuted an appeal from the judgment of the justice to the Circuit Court of the same county, where the appeal was dismissed at plaintiff’s costs for want of a sufficient appeal bond. The errors assigned and sought to be reviewed are, that the court erred, first, in holding the appeal bond to be insufficient; second, in dismissing the appeal; and third, in rendering judgment for costs against the plaintiff in error. Ho bill of exceptions is filed, and from the transcript of the record made by the clerk of the Circuit Court, it does not appear that exception was taken to any ruling of the court.

Had the plaintiff in error desired to review the decision of the Circuit Court, it should have excepted to its rulings and had such exception properly preserved. Neely v. Wright, 72 Ill. 292; Hyatt v. Brown, 82 Ill. 28; Force Mfg. Co. v. Horton, 74 Ill. 310.

The judgment of the Circuit Court must be affirmed because there is nothing in the record that we can consider.

Judgment affirmed.

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Bluebook (online)

42 Ill. App. 454, 1891 Ill. App. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vermont-township-v-koons-illappct-1891.

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