{
  "id": 5278804,
  "name": "Barbara Ann Long and Donna Janet Long, Appellants, v. William J. Long, Appellee",
  "name_abbreviation": "Long v. Long",
  "decision_date": "1964-09-14",
  "docket_number": "Gen. No. 64-26",
  "first_page": "401",
  "last_page": "403",
  "citations": [
    {
      "type": "official",
      "cite": "51 Ill. App. 2d 401"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "279 Ill App 333",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        3358860
      ],
      "opinion_index": 0,
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    {
      "cite": "333 Ill App 154",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5032433,
        5033386
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      "case_paths": [
        "/ill-app/333/0154-01",
        "/ill-app/333/0154-02"
      ]
    },
    {
      "cite": "278 Ill App 376",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        3166295
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/278/0376-01"
      ]
    },
    {
      "cite": "151 NE2d 431",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "18 Ill App2d 184",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5187898
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/18/0184-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T21:56:26.695543+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Barbara Ann Long and Donna Janet Long, Appellants, v. William J. Long, Appellee."
    ],
    "opinions": [
      {
        "text": "ROETH, J.\nPlaintiffs filed an action in forcible entry and detainer in the Circuit Court of Rock Island County, which was tried by a jury. The jury returned a verdict finding the issues for defendant and against plaintiffs. Judgment was entered on the verdict on March 4, 1964. On March 9, 1964, plaintiffs filed a notice of appeal. The abstract does not reflect the filing of any bond at the time notice of appeal was filed. We have searched the original record, certified to by the clerk as being a full and complete record, and do not find any appeal bond or reference thereto.\nIn 860 Lake Shore Drive Trust v. Wickham, 18 Ill App2d 184, 151 NE2d 431, plaintiffs filed a suit in forcible entry and detainer against defendants. A trial by jury resulted in a verdict for plaintiffs and defendants appealed. The trial court set the amount of appeal bond at $100 but no bond was filed. In dismissing the appeal the court said:\n\u201cSection 18 of the Forcible Entry and Detainer Act (Ill Rev Stats 1957, c 57, \u00a7 19) provides:\n\u201c \u2018If any party shall feel aggrieved by the verdict of the jury or decision of the court, upon any trial had under this Act, such party may have an appeal, to be taken to the same courts, in the same manner, and tried in the same way as appeals are taken and tried in other cases. Provided such party files notice of appeal and bond within five (5) days from the rendition of the judgment. . . .\u2019\n\u201cSection 11 of the Act provides: \u2018The provisions of the Civil Practice Act . . . shall apply to all proceedings hereunder in courts of record, except as otherwise provided in this Act.\u2019 Under the statute appeals in actions brought under the Forcible Entry and Detainer Act are governed by that Act. The Act provides that the party must file notice of appeal and bond within five days from the rendition of the judgment.\n\u201cIn Veach v. Hendricks, 278 Ill App 376, it was held that filing of a notice of appeal is jurisdictional. Under the Forcible Entry and Detainer Act in order to confer jurisdiction upon this court it was necessary for the appellants to file both a notice of appeal and a bond within five days from the date of the rendition of the judgment, and without the filing of both a notice of appeal and bond within apt time no appeal has been perfected. Karavidas v. O\u2019Dwyer, 333 Ill App 154.\u201d\n\u201cWhere a reviewing court has not acquired jurisdiction of a case, that jurisdiction cannot be conferred by consent or acquiescence. Wishard v. School Directors, 279 Ill App 333.\u201d\nIn view of the foregoing holding this appeal must be dismissed.\nAppeal dismissed.\nCULBERTSON, P. J. and SCHEINEMAN, J., concur.",
        "type": "majority",
        "author": "ROETH, J."
      }
    ],
    "attorneys": [
      "Wingard, Schultz & Stradley, of Rock Island (Walter E. Stradley and Robert J. Noe, of counsel), for appellants.",
      "No appearance or briefs filed for appellee."
    ],
    "corrections": "",
    "head_matter": "Barbara Ann Long and Donna Janet Long, Appellants, v. William J. Long, Appellee.\nGen. No. 6A-26.\nThird District.\nSeptember 14, 1964.\nWingard, Schultz & Stradley, of Rock Island (Walter E. Stradley and Robert J. Noe, of counsel), for appellants.\nNo appearance or briefs filed for appellee."
  },
  "file_name": "0401-01",
  "first_page_order": 413,
  "last_page_order": 415
}