Edwards v. Duling

Citations

• 36 Ill. 351

Syllabus

<p>1. Appeal—when dismissing, error. It is error to dismiss an appeal on motion, for the reason the docket fee was not paid by the party taking the appeal.</p> <p>2. Same—for non-payment, of docket fees. The proper course in such case, is, where the appellee, in order to get the cause on the docket, has paid the docket fee, to take a rule on the appellant to pay the docket fee by a day named, or that his appeal will be dismissed.</p> <p>3. Same — when rule not complied with. The law is complied with when the docket fee is paid and the cause docketed, and must be proceeded with as any other cause properly docketed, subject, however, to be dismissed if the rule is not complied with.</p>