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

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.