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· 9/15/1874

Andrews v. Rumsey

Citations

  • 75 Ill. 598

Syllabus

<p>1. Appeal—right of, must he exercised under conditions imposed hy law. While the right of appeal from the judgments of county courts is conferred by the constitution, it can only be exercised under such conditions as may be imposed by the legislature.</p> <p>2. Same — deposit of money on a/ppeal from, judgment for taxes. The law requiring a party appealing from the judgment of the county court against his lands for taxes, to deposit a sum equal to the amount of the judgment and costs, is not unconstitutional.</p> <p>3. Injunction — of sale of land for taxes until right of appeal is settled. Where a party attempted to appeal from a j udgment of the county court for the sale of his land for taxes, but which was not allowed for the reason that he refused to deposit the amount of the judgment, as required by statute, and he filed his petition in this court for a mandamus to compel the allowance of his appeal, it was held that a court of equity would not entertain a bill to enjoin the sale of his land until the right of appeal could be decided by this court.</p>

Judges: Scholfield

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