Kemper v. Town of Waverly

Citations

• 81 Ill. 278

Syllabus

<p>1. Appeal—bond must be filed in twenty days. An appeal for a trial de novo being purely a statutory right, the party attempting to appeal from the judgment of a justice of the peace must file his appeal bond within the time prescribed by the statute. If filed twenty-one days after judgment, his appeal will be dismissed on motion.</p> <p>2. Evidence—parol not received as to matters of record. The judgment and orders of court, when entered of record, are conclusive, and can not be impeached by extraneous evidence. Where the record shows a continuance by order of the court, affidavits are inadmissible to show it was by consent of parties, and thus show a waiver of a right to have an appeal dismissed.</p>