Courson v. Browning

Citations

• 78 Ill. 208

Syllabus

<p>1. Practice—time to object to cost bond. An objection to a bond for costs, to be availing, should be taken at thS'earliest opportunity. The defendant can not raise such an objection for the first time after plea filed, or proceeding to trial, or default entered, or on error.</p> <p>3. Pleading—declaration on appeal bond. In a suit upon an appeal bond, which is in due form, and which recites a judgment in an inferior court and an appeal to the Supreme Court, and the declaration avers that the judgment was affirmed in the Supreme Court, it is sufficient, wtihout any averment, that the bond was filed and approved, in pursuance of an order of the court, as the presumption is that it was so filed and approved.</p> <p>3. Superior Court—no more than one judge should sit at a time. It is error for the judges of the Superior Court of Cook county, or circuit judges assisting them, to sit as a body or in bank; but each step taken in a cause should be by a single judge, and it should so appear from the record.</p> <p>4. The various steps in a cause may be before different judges. One may settle a portion or all of the pleadings, another hear and determine a motion or motions, and another try the case, decide the motion for a new trial, and settle and sign the bill of exceptions; but the record should show what is done by each judge in the case, and that he acted alone in what was done.</p> <p>5. Where the record shows that four judges were present trying a cause, one of them presiding over a full bench, it is such error as will compel a reversal of the judgment.</p>