C. I. T. Corp. v. Blackwell

Full title: C. I. T. Corporation, Appellant, v. Mollie Blackwell, Appellee

Court: Appellate Court of Illinois, Fourth District

Date published: Sep 16, 1935

281 Ill. App. 504 (Ill. App. Ct. 1935)

Opinion

Opinion filed September 16, 1935.

APPEAL AND ERROR — reversal of judgment for appellee's failure to file brief, where appeal fully perfected by appellant. Where appellee files no brief or argument to sustain judgment in his favor in the lower court, and appellant fully perfects an appeal and complies with all requirements of statutes and court rules, judgment will be reversed without consideration of the cause on the merits.

Appeal by plaintiff from the City Court of East St. Louis; the Hon. RALPH COOK, Judge, presiding. Heard in this court at the May term, 1935. Reversed. Opinion filed September 16, 1935.

MEYER MEYER, of East St. Louis, for appellant.

No appearance for appellee.

MR. PRESIDING JUSTICE EDWARDS delivered the opinion of the court.Page 505

In this cause the appellant has fully perfected its appeal and complied with all the requirements of the statute as well as the rules of court. Appellee has filed no brief or argument to sustain the judgment. Where such is the case, under the authority of Eichelberger v. Robinson, 233 Ill. App. 579, decided by this court, the judgment may be reversed, without a consideration of the cause on its merits.

Wherefore we are constrained to reverse the judgment.

Judgment reversed.