Allen v. City of Monmouth

Citations

• 37 Ill. 372

Syllabus

<p>1. Process—whether necessary, on appeals from police magistrate. Upon an appeal from a police magistrate to the Circuit Court, if the appeal be perfected before the magistrate, by filing the appeal bond in his office, no summons is required to be issued to the appellee; each party, in such case, is bound to follow up the appeal.</p> <p>2. Appeal from police magistrate—appearance—dismissal. And in such case, when the papers are duly sent up to the circuit court, the cause docketed, and called in order for trial, and no person appearing to prosecute the appeal, it is not error to dismiss the appeal on motion of the appellee, although he was not served with notice of the appeal.</p> <p>3. Same—application of the act of February 22, 1861. The act of February 22, 1861, providing “that in all cases of appeals from justices of the peace, perfected ten days before the commencement of the term in appellate court, the appearance of the appellee may be entered in writing, and be filed among the papers of the case and that “if such appearance is so entered ten days before the commencement of the term, the case shall stand for trial at said term,” does not change the rule as above laid down, in a case conditioned as this is.</p> <p>4. Dismissal fob. want of prosecution—set aside only where merits are shown. An order dismissing an appeal in the Circuit Court for want of prosecution, will only be set, aside upon affidavit disclosing merits.</p> <p>5. Error—discretion. The court has a discretion to grant or refuse to set aside such an order of dismissal, and its action on a motion for that purpose, cannot, therefore, be assigned as error.</p>