Franklin County IL Archives Court.....Sullivan, V Dollins 1849
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 21, 2008, 11:57 pm

Source: Reports Of Cases Illinois
Written: 1849

Sullivan v. Dollins.

Appeal from Franklin.

1. Appeal — bond—presumption. The presumption in the supreme court, is that 
the clerk of the circuit was satisfied of the right of the attorney to use the 
name of the appellant, to an appeal bond, before he accepted such bond.

2. Attorney — authority— how questioned. The authority of an attorney to 
execute an appeal bond, will only be inquired into when it is questioned by 
affidavit. (1)

This was a motion made, to dismiss the appeal, for reasons which are fully 
stated in the opinion.

S. Breese, for the motion. W. B. Scates, contra.

Treat, C. J. The appeal bond in this case is executed in the name of the 
appellant, "by H. B. Montgomery, his attorney." A motion is made to dismiss 
the appeal, because the authority of the attorney does not appear. The motion 
will be denied. The presumption here is that the clerk of the circuit court 
was satisfied of the right of the attorney to use the name of the appellant 
before he accepted the bond. This court will not enquire into his authority 
until it is questioned by affidavit. Campbell v. State Bank, 1 Scammon, 423. 
In this class of cases the court will require the proof of the authority to be 
exhibited, on the filing of an affidavit, stating the belief of the appellee, 
or his attorney, that the bond was signed without legal authority.

Motion denied.

-------
Cited — Love v. Moynehan, 16 Ill., 277; Chi. & R. I. R. R. Co. v. Crandall, 41 
Ill., 234; O'Brien v. Palmer, 49 Ill., 72; Clark v. Callison, 7 Bradw., 263.
(1) It is presumed the trial court had proper evidence of the attorney's 
authority. Ill. C. R. R. Co. v. Johnson, 40 Ill., 35.

Additional Comments:
Reports of Cases Argued and Determined in the Supreme Court of the State of 
Illinois, from November Term, 1849, to June Term, 1850, Both Inclusive. By 
Ebenezer Peck. Volume XI. Annotated by Henry Binmore, of the Chicago Bar. 
CHICAGO: CALLAGHAN & CO. 1886.

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