Appellate Court of Illinois, 1889

Howard v. Costello

Howard v. Costello
Appellate Court of Illinois · Decided April 3, 1889 · Gary
31 Ill. App. 611; 1888 Ill. App. LEXIS 423

Howard v. Costello

Opinion of the Court

Gary, J.

If one of two or-‘more defendants against whom judgment is entered before a justice takes an appeal alone, the other defendant or defendants must be summoned, or return of not found had, under Sec. 70 of the Act of 1873, concerning justices, before the case can be disposed of. Steinborn v. Thomas, 8 Ill. App. 515; Humphreys v. Rodgers, 9 Ill. App. 281; Walter v. Bierman, 59 Ill. 186; Stewart v. Peters, 33 Ill. 384.

This rule having been disregarded in this cas* the judgment must be reversed and the case remanded for proceedings required by the statute.

jReversed and remanded.

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