Langenham v. Stickney

Citations

• 90 Ill. 361

Syllabus

<p>Appeal—dismissal for maní of prosecution. The fact that a defendant who has appealed from the judgment of a justice of the peace is not ready for trial when the case is called on the docket, is no sufficient reason for the dismissal of his appeal. In such case he has the right to have the plaintiff prove his cause of action, whether he has any defense to make or not, and it is error to dismiss the appeal.</p>