Reiman v. Ater

Citations

• 88 Ill. 299

Syllabus

<p>1. Appeal—when it lies from justice's court. Under our statute an appeal lies, in all cases, from the judgment of a justice of the peace, except on a judgment confessed, and, consequently, it lies from a judgment of the justice dismissing a case for want of prosecution, and for the costs.</p> <p>2. Same—duty of other party to follow case. Where an appeal by the plaintiff from a judgment of a justice of the peace dismissing the suit, is perfected before the justice, it is the duty of the defendant to follow the case to the circuit court, without notice or service of process.</p> <p>3. Practice—when case is trird out of its order. If a cause is tried out of its- order on the docket, in the absence of the defendant, on the day before it is set for trial, a motion should be made for a new trial, and the motion and grounds therefor embodied in a bill of exceptions.</p> <p>4. Same—record as showing case tried before day set. A case was tried on the fourth day of the term, and all that the record disclosed was a statement that the cases were set for trial, the common law cases from No. 182 to 538 for the first day, No. 542 to 599 for the second day, thus dividing the docket for the several days, placing No. 691 for the fifth day, and in the title of the case tried was the number 691, opposite the title on the margin of the transcript, but whether this was the number of the case on the justice’s docket, it being an appeal, or the number in the circuit court, did not appear, and the statement did not say when, by whom, or in what manner the division of the causes was made, and it did not appear that it was a copy of anything in the record of the court: Held, this was not sufficient to overcome the presumption that, the court did its duty in trying the case on the proper day.</p> <p>5. Same—court may try cases out of their order. The statute gives the circuit court the discretionary power to try cases out of the order in which they stand upon the docket, and until rebutted