Piper v. Jacobson

Citations

• 98 Ill. 389
• 1881 Ill. LEXIS 269

Syllabus

<p>1. Abpeai. from an Appellate Court—as to the amount involved—jurisdiction. On an appeal from an Appellate Court to this court, where the jurisdiction of this court depends upon the amount involved, the fact in that regard should appear from the record, or by certificate from the Appellate Court or judges, in granting the appeal. This court will not hear evidence in order that it may determine whether the appeal was rightfully taken, nor will averments in the pleadings be regarded as showing the fact.</p> <p>2. On bill by the receiver of a bank, against the bank, its stockholders, and to which the creditors of the bank were made parties, after an appeal to an Appellate Court, some of the creditors appealed from the Appellate Court to this court. The purpose of the bill was to enforce the liability of the stockholders for the debts of the bank. A decree was entered directing certain of the stockholders to pay to the receiver for the benefit of creditors the sum of §35,000, but it did not appear that the claim of either of the creditors who took the appeal was for the sum of §1000, or more, and as the jurisdiction of this court depended upon that fact, it was held the appeal was improvidently taken.</p>