Wear v. Killeen

Citations

• 38 Ill. 259

Syllabus

<p>1. Appeal bond—when insufficient, court must enter a rule for filing another. On appeal from a justice of the peace to the Circuit Court, if the appeal bond filed in the cause be adjudged informal, or otherwise insufficient, it is the imperative duty of the court to enter a rule against the appellant that unless he file a sufficient bond, by a day to be named in the rule, the appeal will be dismissed.</p> <p>2. Same—when adjudged insufficient such rule to be entered without motion. A motion is not necessary for leave to file a new bond when the first is adjudged informal or otherwise insufficient, but it is the duty of the court to enter the rule indicated, Against the appellant.</p> <p>3. Same—notice—the entry of the rule for a new bond sufficient notice to appellant. A rule upon the appellant to file a sufficient bond by a given day, is a sufficient notice to him to comply therewith, and if he disobey, then is the time for the court to act summarily by dismissing the appeal.</p>