Burns v. Nichols

Citations

• 89 Ill. 480

Syllabus

<p>1. Appeal—jurisdiction when parties appear and go to trial. Where an appeal from a justice of the peace is perfected by filing bond in the office of the circuit court, and the papers and transcript filed, if the parties voluntarily appear in the circuit court during term time, and, without objection, waive a jury, and go to trial without any service of process on the appellee or entry of appearance, in writing, ten days before the term, the court will have jurisdiction, and its judgment will be valid and not even erroneous.</p> <p>2. Burden op proof—to show warranty. Where the purchaser of an animal resists payment of the price agreed to be paid therefor, upon the ground of a warranty of soundness, and a breach of the warranty, the burden of proof is upon him to show the warranty.</p>