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FAIRFAX FAMILY FUND, INC. v. COUCH

Nos. 81-32, 81-182 cons.

103 Ill. App.3d 492 (1982)

431 N.E.2d 461

FAIRFAX FAMILY FUND, INC., Plaintiff-Appellee, v. EDWARD COUCH et al., Defendants-Appellants. — In re MARRIAGE OF ROSLYN ANN NEWELL, Plaintiff-Appellee, and THERON HENRY NEWELL, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed February 2, 1982.

Attorney(s) appearing for the Case

Stephen Davis, of Charleston, for appellant Theron Henry Newell.

James Eric Tohtz, of Paducah, Kentucky, for appellants Edward Couch et al.

Ryan, Grabb, Cini & Bennett, of Mattoon (Laurence W. Grabb and Kevin H. Kahl, of counsel), for appellee Roslyn Ann Newell.

John Speroni, of Garrison & Garrison, of Marion, for appellee Fairfax Family Fund, Inc.

Judgment in 81-32 affirmed. Appeal in 81-182 dismissed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

The instant appeals, consolidated for opinion, present the issue of whether papers filed in the trial court by mail are deemed to be filed when mailed or only when received by the circuit clerk.

In Fairfax Family Fund, Inc. v. Couch (Couch), an action for the balance allegedly due on a promissory note, plaintiff filed a...

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