Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois, Vol. 9 (Classic Reprint) Charles Gilman

Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois, Vol. 9 (Classic Reprint) Charles Gilman

Excerpt from Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois, Vol. 9

On the 9th o? June, 1847, within the time fixed by the Court, a bond was filed in the Clerk's office, executed by Peter H. Johnson and Jacob Johnson, in the penal sum of $1000. The appeal, was entered in this Court.

W. D. Barry, and A. T. Bledsoe, for the appellees, moved the Court to dismiss the appeal, for the following reasons, to wit:

1. The order of the Circuit Court granting the appeal, has not been complied with;

2. Because there has been no appeal bond filed, as required by the Circuit Court at the time of granting the appeal;

3. Because one of the defendants in the Circuit Court (John B. Johnson), did not join in the appeal bond; and

4. Because the appeal bond is, in other respects, wholly insufficient.

L. Trumbull, for the appellants, entered a cross motion for leave to amend the appeal bond, which was refused.

Per Curiam. The motion to dismiss the appeal must be sustained. The record shows that the appeal was prayed by the "defendants," and not by any one of them. The order of the Circuit Court required that they file a bond, but Peter H. Johnson only has executed it. The order has not been complied with, and as has before been decided by this Court in the cases of Carson v. Merle, 8 Scam. 168, Ryder v. Stevenson, ib. 539, and Watson v. Thrall, 3 Gilm. 69, the appeal must be dismissed with costs.(a)

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