President of Waverly v. Kemper

Citations

• 88 Ill. 579

Syllabus

<p>1. Certiorari—under the statute—of the diligence required in respect to an appeal. It is not sufficient to authorize the issuing of a writ of certiorari, that a party has used reasonable diligence to effect an appeal, without success. The language of the statute requires that he should show it was out of his power to have taken an appeal in the ordinary way.</p> <p>2. So, where a party against whom a judgment had been rendered before a justice of the peace, in his endeavor to take an appeal to the circuit court, sent his appeal bond, duly executed, to his attorney by mail, it was held, although the appeal bond was mailed in such time that in the usual course of transmission it should have reached the attorney in proper time for filing, yet, if the bond failed to reach its destination in proper time for the purposes of the appeal, there was not such diligence as would authorize a writ of certiorari. The party might have taken his bond in person, and filed it in the office of the clerk of the circuit court. Choosing to send it by mail, he took the hazards of his success.</p>