Baines v. Kelly

Citations

• 73 Ill. 181

Syllabus

<p>1. Appeal—-from justice of peace. The circuit court has no power to require an additional appeal bond, or to dismiss an appeal, before the term to which the appeal is taken.</p> <p>2. Same—can not he dismissed out of term. Where a term of the circuit court commences on the 18tli day of the month, and an appeal is taken from the judgment of a justice of the peace on the 19th of the same month, the circuit court has no power, at that term, to dismiss the appeal.</p> <p>3. Nor will the filing of a counter affidavit, charging perjury m the surety’s affidavit of solvency on the giving of a new appeal bond, confer jurisdiction upon the circuit court, where the court did not otherwise have jurisdiction.</p>