Meserve v. Clark

Citations

• 115 Ill. 580
• 4 N.E. 770

Syllabus

<p>1. Appeals and appeal bonds—necessity of compliance with order granting the appeal—liability upon bond not so executed. An appeal from the trial court, to be effective, must be in conformity with the order allowing it. But it does not follow that an appeal bond, filed not in accordance with the order allowing the appeal, is not obligatory on the parties executing it.</p> <p>2. Where an appeal was allowed to two defendants upon their entering into bond, with security to be approved, and only one of 'them gave the bond, and the appeal was dismissed by this court, it was held, that the parties who did execute the bond were liable on the same, and that they were estopped by the recital therein from denying that an appeal was taken.</p>