People ex rel. Frank v. Prendergast

Citations

• 117 Ill. 588
• 6 N.E. 695

Syllabus

<p>1. Appeal — final judgment — what so regarded, so as to give the right of appeal. After a composition agreement was entered into between an insolvent debtor and his creditors, to discontinue an assignment proceed-lug and have the assignee turn over the moneys and effects in his hands to an aSen* the creditors, a question arose between such agent and the assignee, whether a note taken by the assignee had been accepted by the agent, which the county court found against the assignee, and ordered him to pay over the amount of such note by tep o’clock the next day: Held, that such order of the county court was a final judgment, from which an appeal was given by statute, to the circuit court.</p> <p>2. The manner of enforcing an order for the unconditional payment of money within a limited time, whether by execution, or attachment for disobedience, does not affect its character in respect to being final and subject to an appeal.</p> <p>3. Same—effect of an appeal as a supersedeas. Where a party is committed to jail for a contempt of court for refusing to comply with an order of the county court, the perfecting of an appeal from the order disobeyed will of itself suspend all proceedings under the order of commitment, and there will be no necessity to appeal from it.</p> <p>i. Same—mandamus to compel allowance of appeal. Where the county court refuses to allow an appeal from its order, decree or judgment, in a case where one is given by law, this court will compel the county judge to allow the same, on the terms and conditions specified in the statute giving the right.</p> <p>This was an original proceeding in this court, in behalf of Eli Frank, the relator, against Richard Prendergast, county judge of Cook county, to compel him to allow an appeal from an order made by him on the relator. The material facts appear in the opinion.</p>