Fix v. Quinn

Citations

• 75 Ill. 232

Syllabus

<p>1. Appeal—from justices of the peace—notice of, to appellee. When an appeal from the judgment of a justice of the peace is taken and perfected before the justice, no summons or other notice to the appellee is required, but he is bound to follow the appeal, and the law does not require that the appeal should be prayed for at the time of rendering judgment.</p> <p>2. Judgment — opening at a subsequent term. A motion to open a judgment and allow a defense cannot be allowed at a term subsequent to that in which the judgment was entered. Sec. 66 of the practice act of 1871-2, allowing errors of fact to be corrected within five years, has no application to such a motion.</p>