Meyer v. Providers Life Assurance Co., 208 Ill. App. 223 (1917)

Nov. 22, 1917 · Illinois Appellate Court · Gen. No. 23,662
208 Ill. App. 223

Ella Meyer, Appellee, v. Providers Life Assurance Company, Appellant.

Gen. No. 23,662.

(Not to be reported in full.)

Abstract of the Decision.

Municipal Coubt of Chicago, § 25 * —when right of appeal is lost by failure to file appeal bond, within fixed time. The jurisdiction of the Municipal Court of Chicago over the order fixing the conditions of an appeal is retained only until the expiration of the time prescribed therein for filing the appeal bond, and where the time for filing the bond expires without an authorized extension, the right of appeal is lost by a failure to file the bond within the time fixed for filing it, notwithstanding that after the expiration of the time the court grants an extension of the time for filing and approves the bond filed in such extended time.

Appeal from the Municipal Court of Chicago; the Hon. Edmund K. Jabecki, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Appeal dismissed.

Opinion filed November 22, 1917.

Statement of the Case.

Action by Ella Meyer, plaintiff, against the Providers Life Assurance Company, a corporation, defendant. From a judgment for plaintiff,' defendant appeals, and plaintiff moves to dismiss the appeal for failure to file an appeal bond within the time first ordered by the court.

Charles M. Haft, for appellant.

Miller, Starr, Brown, Packard & Peckham, for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.