James v. Dexter

Citations

• 112 Ill. 489

Syllabus

<p>1. Appeae—from Appellate Court—within what time it must be prayed. An appeal from the Appellate Court to the Supreme Court must be prayed for within twenty days from the rendition of the judgment sought to be reviewed,—and this whether it is prayed for in term time or in vacation. The proviso in section 90 of the Practice act, “that such appeal may be prayed for at any time within twenty days after the rendition of such judgment,” is to' be understood as mandatory as regards the time, not merely directory.</p> <p>2. Same—waiver of irregularity in that regard. After the Appellate Court has granted an appeal from its judgment, to the Supreme Court, twenty-two days after the judgment was rendered, the fact that appellee’s counsel were present in the first named court when the appeal bond was filed, and made objection to its wording, can not be regarded as a waiver of the right to have the appeal dismissed as not having been prayed for in proper time. A motion in that court to dismiss the appeal could not have been entertained after allowing the appeal.</p> <p>3. Dismissal of appeal—damages. In a proceeding by attachment, judgment was rendered against garnishees, who paid the amount of the judgment into court. On appeal to the Appellate Court, the judgment of the trial court was affirmed. An assignee of the attachment debtor, who had interpleaded in the trial court, against whom there was no money judgment, appealed to this court. On dismissal of the appeal upon the ground it was not prayed in proper time, statutory damages were asked, but as the appeal did not appear tb be frivolous, it was not considered a case for damages.</p> <p>4. Construction of statutes — when “may\ means “shall.\ The word “may,” in a statute, means “shall” whenever the rights of the public or third -persons depend upon the exercise- of the power, or the performance ¡of the duty to which it refers. The word has such meaning in the proviso of section 90 of the Practice act.</p>