Maher v. Huette

Citations

• 89 Ill. 495

Syllabus

<p>1. Insolvent—presence of insolvent on appeal in circuit court. Where an insolvent debtor appeals from the order of the county court refusing his discharge from arrest for debt, he is not required to appear in person in the circuit court before a trial is had and a verdict found against him. It is error to dismiss his appeal merely for want of such appearance, when he appears by attorney and demands a trial of the issues as to fraud or refusal to surrender his property in execution.</p> <p>2. Same—bond construed. The condition required in the bond given by a debtor on appeal from the order of the county court refusing to release him from arrest, that “in case the appeal is dismissed, or the order or judgment of the county court is affirmed, in whole or in part, he will perform the same, and will appear before and abide whatever decision the circuit court shall make in the premises,” does not require a personal appearance before the court until the case has reached a stage at which it is the province of the court to make a decision which the debtor is required to perform. He is not bound personally to appear until the appeal is dismissed, or the order of the county court is affirmed, in whole or in part.</p>