Smith v. Davis

Citations

• 89 Ill. 203

Syllabus

<p>1. Appeal bond—right to insist on statutory bond. While it is true that a bond given on appeal from the judgment of a justice of the peace, not in substance the same as that required by statute, will bind the appellant and his sureties as a common law obligation, still, the appellee has a right to insist upon a bond in the form prescribed by the statute.</p> <p>2. Same—-form held had. A bond given on appeal from a judgment of a justice of the peace with this condition: “Now, if the said A B and 0 D shall prosecute their appeal with eifect, and shall pay whatever judgment may be rendered by the court on dismissal or trial of said appeal, then,” etc., is not in substantial conformity with the law of 1874. While the precise language of the statutory form need not be employed, the substance must be the same.</p> <p>3. Appeal—dismissal for defective bond. On motion to dismiss an appeal for want of a good and sufficient bond, the appellant may be ruled to gire a statutory bond, and failing to do so, the appeal may be rightfully dismissed..</p> <p>4. Practice—setting aside order dismissing appeal. It is discretionary with the court whether it will set aside an order dismissing an appeal, and permit a sufficient appeal bond to be filed.</p>