People v. London Lancashire Indemnity Co.

Full title: The People of the State of Illinois for use of Harry D. Tindall…

Court: Appellate Court of Illinois, Fourth District

Date published: Jun 6, 1938

15 N.E.2d 603 (Ill. App. Ct. 1938)

15 N.E.2d 603

Opinion

Opinion filed June 6, 1938.

1. COURTS, § 19^_ — binding force and effect of Supreme Court rule on inferior tribunals. Subpar. 2 of Rule 36 of the Supreme Court relating to filing of record on appeal has binding force and effect of law and is to be observed by all inferior tribunals (Ill. Rev. Stat. 1937, ch. 110, § 259.36; Jones Ill. Stats. Ann. 105.36).

_ See Callaghan's Illinois Digest, same topic and section number.

2. APPEAL AND ERROR, § 512^fn_ — dismissal of appeal when record on appeal not transmitted to reviewing court within 60 days. Where notice of appeal was filed on November 2, 1937, and record on appeal not filed until January 26, 1938, appeal was dismissed, since under subpar. 2 of Rule 36 of Supreme Court record on appeal must be transmitted to reviewing court not more than 60 days after notice of appeal has been filed (Ill. Rev. Stat. 1937, ch. 110, § 259.36; Jones Ill. Stats. Ann. 105.36).

Appeal by defendant from the Circuit Court of Jackson county; the Hon. D. F. RUMSEY, Judge, presiding. Heard in this court at the February term, 1938. Appeal dismissed. Opinion filed June 6, 1938.

LOYD M. BRADLEY, of Carbondale, for appellant.

ORWIN H. PUGH, of Carbondale, for appellee.

MR. PRESIDING JUSTICE STONE delivered the opinion of the court.

A motion has been made to dismiss this appeal. The notice of appeal was filed in the trial court on November 2, 1937. The record on appeal was filed in this court on January 26, 1938. Rule 36 of subpar. 2 of the Supreme Court of Illinois, as amended October 22, 1937, provides as follows: "Whether the praecipes do or do not specify any proceedings at the trial, the record on appeal shall be transmitted to the reviewing court not more than sixty days after notice of appeal has been filed." This rule has the binding force and effect of law and is to be observed by all inferior tribunals. People v. Callopy, 358 Ill. 11; Hallberg v. Goldblatt Bros., Inc., 363 Ill. 25. Appellant has made no defense to this motion, nor even argued it. In Cassens v. Paynter, 290 Ill. App. 288, we held that unless the record is filed in this court in compliance with rule 36, we have no choice but to dismiss the appeal. We must adhere to that decision. The appeal is dismissed.

Appeal dismissed.