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PITTMAN v. LAGESCHULTE

Gen. No. 11,708.

45 Ill. App.2d 207 (1963)

195 N.E.2d 394

James Pittman and Amilly Pittman, Plaintiffs-Appellees, v. Myron F. Lageschulte and William Bein, Defendants, Myron F. Lageschulte, Defendant-Appellant.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied January 27, 1964.

Attorney(s) appearing for the Case

Reid, Ochsenschlager, Murphy & Hupp, of Aurora (Lambert M. Ochsenschlager, William C. Murphy, Robert B. Hupp and Stephen J. Mrkvica, of counsel), for appellant.

Kramer & Kramer, of Elgin (Robert B. Kramer, of counsel), for appellees.

SMITH, J:

In May, 1961, plaintiffs, James and Amilly Pittman, obtained a $7,130 judgment against defendant, Myron F. Lageschulte, for conversion of some cows. To stay a capias, he posted bond and took an appeal. While the appeal was pending we received plaintiffs' motion requesting that it be dismissed for failure of defendant to file his brief and abstract within the allowed time. Such motion was filed in this court on January 3, 1962. Eight days later, to our surprise...

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