{
  "id": 5114777,
  "name": "Hosher v. Hesterman",
  "name_abbreviation": "Hosher v. Hesterman",
  "decision_date": "1893-04-17",
  "docket_number": "",
  "first_page": "75",
  "last_page": "76",
  "citations": [
    {
      "type": "official",
      "cite": "51 Ill. App. 75"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "142 Ill 226",
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      "reporter": "Ill.",
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      "category": "reporters:state_regional",
      "reporter": "N.E.",
      "opinion_index": 0
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    {
      "cite": "92 Ill. 187",
      "category": "reporters:state",
      "reporter": "Ill.",
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      "case_paths": [
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    {
      "cite": "37 Ill. App. 615",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        859912
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      "opinion_index": 0,
      "case_paths": [
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  "last_updated": "2023-07-14T18:36:15.137575+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hosher v. Hesterman."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion oe the Court.\nThe appellant being plaintiff in an action of forcible detainer against the appellee in the Circuit Court, was defeated there and prayed an appeal to this court, which was allowed and thirty days given him in which to file his appeal bond, and he did file it on the thirtieth day.\nIn this court, under the 27th rule, his abstract and brief were due April 3d, and he filed them April 6th.\nIn forcible detainer cases the bond on an appeal must be filed within five days after the rendition of the judgment; Kenny v. Jones, 37 Ill. App. 615; and the court could not enlarge the time; Ibid., and see Rozier v. Williams, 92 Ill. 187, involving the same question in principle. See also Fairbanks v. Streeter (Ill.), 31 N. E. 494, 142 Ill 226.\nBeglect to file the abstract and brief entitles the appellee to have the appeal dismissed, \u201cunless the delay is excused upon circumstances to be shown.\u201d Buie 27. Bo excuse is shown.\nThe appellee moved for the dismissal of the appeal on both grounds. The motion is granted, and the appeal dis missed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "A. 0. Story, attorney for appellant,",
      "\"Winston & Meagher, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Hosher v. Hesterman.\n1. Forcible Detainer\u2014Appeal Bond in Five Days.\u2014In forcible detainer cases the bond on appeal must be filed within five days after the rendition of the judgment.\n2. Ajbstract and Briefs\u2014Failure to File in Time\u2014Motion to Dismiss.\u2014A failure to file briefs and abstracta in time under the rule entitles the appellee to have the appeal dismissed, unless the delay is excused upon circumstances to be shown to the court.\nMemorandum.\u2014Forcible detainer. Appeal from the Circuit Court of Cook County. Heard in this court at the March term, 1893.\nAppeal dismissed.\nOpinion filed April 17, 1893.\nThe opinion states the case,\nA. 0. Story, attorney for appellant,\n\"Winston & Meagher, attorneys for appellee."
  },
  "file_name": "0075-01",
  "first_page_order": 71,
  "last_page_order": 72
}