Frank v. Moses, 118 Ill. 435 (1886)

Oct. 5, 1886 · Illinois Supreme Court

118 Ill. 435

Eli Frank v. Adolph Moses et al.

Filed at Ottawa October 5, 1886.

Appeals and writs op error—writ of error to a county court—whether it will lie. Pending a writ of error in this court, which was sued out to a county court, it was decided, in a proceeding by mandamus, that an appeal would lie in the case, from the county court to the circuit court. It was held, that therefore the writ of error from this court to the county court would not lie.*

*Upon the question whether a writ of error to a county court will lie, see Kingsbury v. Sperry et al. 119 Ill. 279, Holden et al. v. Herkimer, 53 id. 258, Horner v. Goe, 54 id. 285, Frans v. The People, 59 id. 427, Ennis v. Ennis, 103 id. 95, and Hobson v. Paine, 40 id. 25, which is distinguished from Unknown Heirs of Langworthy v. Baker, 23 Ill. 487.

Writ of Error to the County Court of Cook county; the Hon. Richard Peendergast, Judge, presiding.

Mr. George W. Smith, and Messrs. Kraus Mayer, for the plaintiff in error.

Mr. É. A. Otis, and Messrs. Moses & Newman, for the defendants in error.

Per Curiam :

The writ of error in this case was sued out of this court to the county court of Cook county. Since then this court has decided an appeal will lie in this case from the county court to the circuit court of Cook county, and has awarded a writ of mandamus to compel the county court to allow an appeal in the cause. (People ex rel. v. Prendergast, 117 Ill. 588.) It follows, therefore, that a writ of error will not lie from this court to the county court, in the cause, while an appeal is or may be pending in the circuit court of Cook county, and where a trial de novo of the cause may be had.

The writ of error must be dismissed.

Writ of error dismissed.