Camp v. Hogan

Citations

• 73 Ill. 228

Syllabus

<p>Appeal—when perfected by filing bond with cleric, no action can be taken until appellee is in court. Where an appeal is taken from the judgment of a justice of the peace, and perfected by filing an appeal bond with the circuit clerk, it is error to dismiss the appeal, or do anything else in the case, without the consent of the appellant, until the appellee is in court in one of the ways provided by statute, namely: by service of summons, by return of two nihils, or by the entry of his appearance, in writing, filed with the papers in the case, ten days before the commencement of the term of court at which the motion to dismiss is entered.</p>