Rider v. Bagley

Citations

• 47 Ill. 365

Syllabus

<p>1. Amendment—of an appeal bond, in an action of forcible entry and detainer. The act of 1853, which allows, on an appeal from, a justice of the peace, the amendment of an appeal bond which may be found to be defective, has reference to all appeals from justices of the peace, without reference to the character of the subject matter in litigation, and, therefore, embraces an action of forcible entry and detainer.</p> <p>2. Continuance—in such case—of an additional bond. Where the defendant, in an action of forcible entry and detainer, appeals from the judgment of a justice of the peace to the circuit court, within such time that the cause will not stand for trial at the first term of the court, the court may require the party taking the appeal, to file a bond in addition to the appeal bond, to secure the rents which may accrue between that term and the term to which the cause is necessarily continued, and on the neglect of the party to comply with the rule in that regard, the court may dismiss the appeal.</p>