Fortune v. Gilbert
| Decision Date | 17 February 1904 |
| Citation | 207 Ill. 235,69 N.E. 857 |
| Parties | FORTUNE v. GILBERT. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Cook County; Jesse Holdom, Judge.
Action by James H. Gilbert, for the use of Kate McGuire, administratrix of the estate of Robert McGuire, deceased, against Peter Fortune and others. From a judgment of the Appellate Court affirming a judgment in favor of plaintiff, defendant Fortune appeals. Dismissed.M. H. Hoey and Albert H. Meads, for appellant.
Moran, Mayer & Meyer, for appellee.
This is an action of debt, brought in the superior court of Cook county by James H. Gilbert, who sues for the use of Kate McGuire, administratrix of the estate of Robert McGuire, deceased, against Catharine McGuire, Patrick O'Toole, Cornelius Hickey, and Peter Fortune, upon a supersedeas bond signed by the defendants below, conditioned that they would prosecute a certain writ of error with effect, and pay the plaintiff mentioned in the bond whatever judgment should be rendered against them should the cause be affirmed. Peter Fortune and Cornelius Hickey demurred to the declaration, and the demurrer was overruled. On November 21, 1899, Peter Fortune and Patrick O'Toole filed their plea, and on November 22d Cornelius Hickey filed his plea, and on November 23d replication was filed to the pleas of Peter Fortune, Patrick O'Toole, and Cornelius Hickey, and on the same day, upon proper affidavit, the cause was placed upon the short-cause calendar, and on January 9, 1900, Catharine McGuire was defaulted. After the cause had been placed upon the short-cause calendar, and upon the same day, plaintiff amended the declaration in the case. Rule 18 of the superior court, as shown by the bill of exceptions, provides that no cause shall be noted for trial on the short-cause calendar until the same is at issue. The cause, however, was at issue when placed upon the short-cause calendar, except as to Catharine McGuire, who had long before that time been served with summons, but had not pleaded, and her default had not been entered. On February 19, 1900, the cause was called for trial on the short-cause calendar, and the defendants Patrick O'Toole, Cornelius Hickey, and Peter Fortune moved to strike the cause from the short-cause calendar upon the ground that it had been placed there before issue joined. This motion was overruled. Trial was had before a jury, who rendered a verdict for plaintiff below for the sum of $4,100 debt and $2,256.60 damages. The cause was appealed by all the defendants below to the Appellate Court for the First District, and on the 20th day of February, 1901, the cause was taken under advisement by the Appellate Court, and on the 4th day of January, 1902, a judgment was entered affirming the judgment below, and an appeal was prayed to this court, but was not perfected. On the 18th day of March the appellant moved to set aside the judgment of affirmance in the Appellate Court, and suggested the death of Patrick O'Toole, one of the defendants, and to continue the cause to the October term, 1902, of...
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Vill. of Broadview v. Dianish
...369;First Congregational Church v. Page, 255 Ill. 267, 99 N. E. 453;Lingle v. City of Chicago, 210 Ill. 600, 71 N. E. 590;Fortune v. Gilbert, 207 Ill. 235, 69 N. E. 857. If all appealed, they might have filed a joint bond. If any number less than all appealed, it was necessary for each to f......
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Johnston v. Geary
... ... 214; ... 38 N.E. 625; Town v. Howieson , 175 Ill. 85, ... 51 N.E. 712; Ellison v. Hammond , 189 Ill ... 470, 59 N.E. 966; Fortune v. Gilbert , 207 ... Ill. 235, 69 N.E. 857. It has also been held that, where a ... joint appeal has been prayed and allowed, if the appeal bond ... ...
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...142;Legro v. Ashkum Drainage District, 297 Ill. 155, 130 N. E. 369;Drainage Com'rs v. Harms, 238 Ill. 414, 87 N. E. 277;Fortune v. Gilbert, 207 Ill. 235, 69 N. E. 857;Koutnik v. Koutnik, 196 Ill. 162, 63 N. E. 655;Ellison v. Hammond, 189 Ill. 470, 59 N. E. 966;Town v. Howieson, 175 Ill. 85,......
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...a joint appeal is prayed and allowed, all the appellants must sign the appeal bond or the appeal will be dismissed. In Fortune v. Gilbert, 207 Ill. 235, 69 N. E. 857, an appeal was granted to three parties jointly, but was perfected by only one of them. The appeal was dismissed, the court s......