McKoy v. Allen

Citations

• 36 Ill. 429

Syllabus

<p>1. Forcible entry and detainer — appeal in, enables party to take advantage of defective appeal 'bond,. As the Circuit Court has no original jurisdiction in an action of forcible entry and detainer, the appearance of a party in that court, when the case is there by appeal, does not prevent Mm from taking advantage of defects in the appeal bond.</p> <p>2. Appeal in—when to be dismissed. Eor substantial defects in the bond, if no motion be made for leave to file a sufficient bond, it is right to dismiss the appeal when the cause is called for trial.</p> <p>3. Same—when no leave asked to file sufficient bond. The bond, in this case, was not a substantial compliance with the statute, and the appeal was properly dismissed, no leave being asked to file a sufficient bond.</p>