{
  "id": 5204925,
  "name": "Ph\u0153nix Insurance Co. v. S. A. Hedrick",
  "name_abbreviation": "Ph\u0153nix Insurance v. Hedrick",
  "decision_date": "1897-03-03",
  "docket_number": "",
  "first_page": "184",
  "last_page": "185",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 184"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "157 Ill. 395",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3142021
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/157/0395-01"
      ]
    },
    {
      "cite": "39 Ill. App. 260",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5016033
      ],
      "weight": 2,
      "pin_cites": [
        {
          "page": "261"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/39/0260-01"
      ]
    },
    {
      "cite": "142 Ill. 478",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3087402
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/142/0478-01"
      ]
    },
    {
      "cite": "36 Ill. App. 563",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5011608,
        5010003
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/36/0563-01",
        "/ill-app/36/0563-02"
      ]
    },
    {
      "cite": "50 Ill. App. 332",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5119023
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/50/0332-01"
      ]
    },
    {
      "cite": "118 Ill. 157",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5382214
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/118/0157-01"
      ]
    },
    {
      "cite": "4 Gilm. 334",
      "category": "reporters:state",
      "reporter": "Gilm.",
      "case_ids": [
        2562972
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/9/0334-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 230,
    "char_count": 3798,
    "ocr_confidence": 0.499,
    "pagerank": {
      "raw": 1.3686582160513772e-07,
      "percentile": 0.6378501217638557
    },
    "sha256": "1f53bf94c261eb65fb95ebc6d53c087d02948348322d51983d2964f2e8136384",
    "simhash": "1:b56f607c67aaa4d1",
    "word_count": 696
  },
  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Ph\u0153nix Insurance Co. v. S. A. Hedrick."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scofield\ndelivered the opinion of the Court.\nThe section of the practice act which allows appeals to this court requires that the party praying the appeal \u201c shall, within such time, not less than twenty days, as shall be limited by the court, give and file in the office of the clerk of the court from which the appeal is prayed, bonds in a reasonable amount to secure the adverse party, to be fixed by the court, with sufficient security, to be approved by the court.\u201d Practice Act, Sec. 67.\nHo appeal can be perfected under this section unless the bond is approved, and such approval must be by the court.\nUnder Sec. 68 of Practice Act, the court may empower the clerk to approve the bond by an order to that effect made at the time when the appeal is prayed, and entered of record.\nThe record filed in this court must contain a copy of the appeal bond in order that this court may see whether or not the appeal has been properly perfected. Pickering v. Mizner, 4 Gilm. 334; Leach v. The People, 118 Ill. 157; Heffron v. Rice, 50 Ill. App. 332.\nFor the same reason the record should show affirmatively that the appeal bond was duly approved within the time fixed by the court. A defective bond, if approved and filed in apt time, may be amended; but if the bond, whether sufficient or insufficient, is approved or filed after the time fixed by the court, there is an absolute failure to perfect the appeal, which can not be cured by an order nunc pro time, or in any other manner. Dingler v. Strawn, 36 Ill. App. 563; Ettelson v. Jacobs, 40 Id. 427; Case v. Spiegel, 44 Id. 588.\nThe order in this case, as shown by the record, is, that the defendant should give bond within thirty days with security to be approved. This order confers no power upon the clerk to approve the bond, and the same must be approved by the court under the statute above referred to. But there is nothing in the record to show that the bond has been approved either by the clerk or the court. Therefore no appeal to this court has been perfected.\nIt is well settled by the decisions of the courts, that the Appellate Court may, of its own motion, dismiss an appeal when the same has not been perfected in accordance with the order of the trial court. Fanning v. Rogerson, 142 Ill. 478; Chicago Sash, Door and Blind Mfg. Co. v. Shaw, 39 Ill. App. 260; C., B. & Q. R. R. Co. v. Evans, Id. 261.\nThat the proper practice in such case is to dismiss the appeal is shown by Pardridge v. Morgenthau, 157 Ill. 395.\nThe appeal is dismissed at appellant\u2019s costs.",
        "type": "majority",
        "author": "Mr. Justice Scofield"
      }
    ],
    "attorneys": [
      "Lynch & Bunch and B. W. Barger, attorneys for appellant.",
      "Parke Hutchinson and B. S. C. Beaugh, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Ph\u0153nix Insurance Co. v. S. A. Hedrick.\n1. Appeals\u2014Record Should Contain 'Copy of Bond, and Show Approval Thereof.\u2014A record filed in this court must contain a copy of the appeal bond, in order that this court may see whether the appeal has been properly perfected, and the record should show that the bond was duly approved within the time fixed by the court.\n2. Same\u2014Bond Must be Approved and Filed Within the Tim\u00e9 Required.\u2014A defective appeal bond, if approved and filed in apt time, may be amended; but if the bond, whether sufficient or insufficient, is approved or filed after the time fixed by the court, there is an absolute failure to perfect the appeal, which can not be cured.\n3. Same\u2014May be Dismissed by the Court, of its Own Motion, in a Proper Case.\u2014The Appellate Court may, of its own motion, dismiss an appeal when the same has not been perfected in accordance with the order of the trial court.\nAssumpsit, on an insurance policy. Appeal from the Circuit Court of Richland County; the Hon. Edmund D. Youngblood, Judge, presiding.\nHeard in this court at the August term, 1896.\nAppeal dismissed.\nOpinion filed March 3, 1897.\nLynch & Bunch and B. W. Barger, attorneys for appellant.\nParke Hutchinson and B. S. C. Beaugh, attorneys for appellee."
  },
  "file_name": "0184-01",
  "first_page_order": 182,
  "last_page_order": 183
}