Opinion
Gen. No. 44,533. (Abstract of Decision.)
Opinion filed October 18, 1949 Released for publication November 3, 1949
FORCIBLE ENTRY AND DETAINER, § 89 — time of filing appeal bond. Where trial of action of forcible entry and detainer on April 1 resulted in judgment for plaintiff, and on April 5 defendant presented a motion to vacate judgment and for new trial, and motion was denied on same day, defendant had five days after such motion was denied in which to file his notice of appeal and appeal bond under provisions of Forcible Entry and Detainer statute; hence appeal bond approved and filed on April 8 was filed in apt time (Ill. Rev. Stat. 1947, ch. 57, par. 19; Jones Ill. Stats. Ann. 109.279).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH B. HERMES, Judge, presiding.
Judgment reversed and judgment here for defendant for costs of this appeal. Heard in the second division, first district, this court at the October term, 1948;
Merwyn E. Cedar, for appellant;
Charles A. Schreiber, for appellee;
John C. Gekas, of counsel.
Not to be published in full. Opinion filed October 18, 1949; released for publication November 3, 1949.