Howard v. Costello

Appellate Court of Illinois
Howard v. Costello, 31 Ill. App. 611 (1889)
1888 Ill. App. LEXIS 423
Gary

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.

Reference

Full Case Name
Patrick K. Howard v. William Costello
Cited By
2 cases
Status
Published