Buettner v. Norton & Dickinson Manufacturing Co.

Citations

• 90 Ill. 415

Syllabus

<p>1. Appeal—defendant appealing waives defective process and service. Where a defendant files an appeal bond, and takes an appeal from a judgment rendered by a justice of the peace, he thereby enters his appearance to the action in the circuit court, and by so doing-waives all defects in the process, the want of process, and defects in the service of process or want of service before the justice.</p> <p>2. Same—jurisdiction not dependent on return of summons by the justice. The neglect or failure of the justice of the peace to transmit the summons issued by him to the circuit court, on appeal, with the transcript, impairs no right of the defendant, and does not deprive the circuit court of jurisdiction to try the case.</p> <p>3. Bill of exceptions—when necessary—presumption. This court can not say there is any error in refusing to dismiss a suit brought before a justice of the peace for want of a bond for costs, where there is no bill of exceptions showing the grounds of the motion and the action of the court.</p> <p>4. In the absence of a bill of exceptions containing the evidence, it will be presumed the testimony heard by the court was sufficient to sustain the judgment.</p>