(735 ILCS 5/9-116) (from Ch. 110, par. 9-116)
Sec. 9-116.
Pending appeal.
If the plaintiff appeals, then, during
and notwithstanding
the pendency of such appeal, the plaintiff is entitled to enforce, or
accept from the defendant or from any person claiming under him or her,
performance of all obligations imposed upon such defendant by the terms
of any lease, contract, covenant or agreement under which the defendant
claims the right to possession, or by law, as if such appeal has not
been taken, without thereby affecting the appeal or the judgment
appealed from, and without thereby creating or reinstating any tenancy
or other relationship of the parties. However, if the
result of the prosecution of such appeal and entry of final judgment is
that the defendant was obligated to the plaintiff during the pendency
thereof in a different form, manner or amount than that in which any
payment or payments made under the provision of this Section was or were
enforced or accepted, or in a different form, manner or amount than that
adjudged in any judgment entered by any court in any other proceedings
instituted by virtue of the provisions of this Section during the
pendency of the appeal, such payment or payments shall be deemed to
have been made to apply in the form, manner and amount resulting or
arising from the prosecution of such appeal, on account of the
defendant's obligation.
(Source: P.A. 82-280.)
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