Sheridan v. Beardsley

Citations

• 89 Ill. 477

Syllabus

<p>1. Appeal—;jurisdiction. Where a defendant appeals from a judgment rendered against him by a justice of the peace, by filing his appeal bond with , the clerk of the circuit court, and no transcript of the proceedings in the justice’s court is filed in the circuit court, the latter court will have no jurisdiction of the subject matter, and no power to dismiss the appeal on the appearance of appellee, for want of prosecution, in the absence of appellant, and render judgment for damages against the latter and for costs.</p> <p>2. Same—dismissal when all the parties are not brought into court. Where an appeal from a justice of the peace is perfected before the clerk of the circuit court, and no summons and alias summons are issued and returned not found, and the appellee has not entered his appearance in writing ten days before the commencement of the term, or appeared at a prior term, it is error to dismiss the appeal for want of prosecution, when reached on the docket-, on motion of the appellee.</p>