People ex rel. Rumsey v. Emigh

Citations

• 100 Ill. 517
• 1881 Ill. LEXIS 137

Syllabus

<p>1. Appeal—duty of appellant to file transcript. It is the duty of the appellant who takes an appeal from the county to the circuit court, to perfect the same by having a transcript of the record in the county court filed in the circuit court, and failing to do so he is in default, and liable to have his appeal dismissed.</p> <p>2. Same—dismissal of suit on appeal, for want of prosecution. A defendant, while in default in causing a transcript of the record to be filed in the appellate court, on his appeal, has no right to claim a default against the plaintiff, and have the suit dismissed for want of prosecution.</p> <p>3. Costs —judgment can. not ,6e against one not a party. In a suit by a collector for judgment against property for taxes, on appeal to the circuit court, it is error on the dismissal of the suit to render judgment against the county for costs.</p>