Jarrett v. Phillips

Citations

• 90 Ill. 237

Syllabus

<p>1. Appeat.—jurisdiction of circuit court. On the trial of an appeal from a justice of the peace, where the action is for goods sold and delivered for a sum within the jurisdiction of the justice, and the parties on both sides appear and go to trial without objection, the circuit court will have jurisdiction, although the justice’s transcript may not have been filed in that court ten days before the commencement of the term.</p> <p>2. The filing of the justice’s transcript in the circuit court ten days before the commencement of the term, in case of an appeal, is not essential to the jurisdiction of the circuit court, when the parties all appear and go to trial upon the merits without objection for that reason.</p> <p>3. Deposition—taken before justice, may be read on appeal. A deposition taken on proper notice and in conformity to law, in a suit whilst pending before a justice of the peace, may be properly read in the circuit court on the trial of the same cause on appeal.</p>