Walter v. Bierman

Citations

• 59 Ill. 186

Syllabus

<p>Appeal fkoji justice oe the peace dy one of two defendants. One of two defendants against whom a judgment bad been rendered, in a justice’s court, took an appeal therefrom to the circuit court, and without any summons having been issued to bring in the other defendant, or his appearance having been entered, the circuit court at the next term thereof, after such appeal was perfected, upon the motion of the party who recovered the judgment, dismissed the appeal with a procedendo and rendered jiulgment°against both defendants “ for damages in the delay in taking said appeal” and for costs: Held, that this was error, the circuit court having no jurisdiction, under the statute, to render judgment against the defendant not joining in the appeal, without summons issued against him, notifying him of such appeal and requiring him to appear, etc., to be served as other process issued in appeal cases, and if the summons be returned not found, the cause, at the first term, to stand continued, but at the second term shall be tried—when the court would have power to render the same judgment as though both defendants had joined in the appeal.</p>