De Matei v. Superior Court

Application for a writ of review- to have annulled and set aside a certain judgment of the respondent court affirming the judgment of the justice’s court of township No. 4, in the county of Lake, in favor of C. E. Colwell and against the petitioners and one- George A. Disselmeyer, in an action in which the first-named was plaintiff and the three last-named were defendants. Some of the proceedings which took place in the said justice’s court in said action and those which took place in the respondent court are accurately set forth in the petition filed herein as follows :

The petitioners here claim, as they allege in their petition, that, in affirming the judgment of the said justice’s court in said action, the respondent Court acted in excess of its jurisdiction.

The plaintiff in said action, C. E. Colwell, filed and noticed a motion to dismiss the appeal on the ground, among others, that the purported undertaking on appeal was insufficient to support the appeal.

The learned trial judge, in a written opinion, which is incorporated into and brought up with the record constituting the return to the order to show cause issued herein by this court, declared that, while the point…