Hileman v. Beale

Citations

• 115 Ill. 355

Syllabus

<p>1. Appeal—by several—some not joining in the appeal bond—effect on the appeal. Two defendants joined in praying an appeal to the Appellate Court from a judgment against them in the circuit court, which was allowed upon condition that they enter into an appeal bond in a given sum, within thirty days, with security to be approved by the clerk of the circuit court. Only one of the defendants executed the bond, and he gave security which the clerk approved-. On motion, the Appellate Court dismissed the appeal because both defendants did not unite in the bond: Held, that the dismissal of the appeal was proper.</p> <p>2. Same—right of appeal generally—necessity of conforming to'terms prescribed. The right to an appeal is purely statutory, and a party to avail himself of the privilege must conform to the order of the court which the statute authorizes it to make. The court may authorize the clerk to approve the security, but he can not, with or without the order of the court, fix the terms of an appeal, or change or dispense with any that have been prescribed by the court. Either party to a judgment or decree may appeal separately, but to do so he must pray separately for the appeal, and obtain an order to that effect.</p>