Bonham v. People
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the County Court of Wayne county; the Hon. Carroll C. Boggs, Judge, presiding. This was an action upon a guardian’s bond, brought in the county court of Wayne county, by appellee, against the guardian and against appellant.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the County Court of Wayne county; the Hon. Carroll C. Boggs, Judge, presiding. This was an action upon a guardian’s bond, brought in the county court of Wayne county, by appellee, against the guardian and against appellant. The declaration charges that the bond was executed by Justus Beach, guardian of Laura J. Stinnett, a minor, in the sum of $1000, with appellant as surety, dated February 22,' 1861, setting out a bond in the ordinary form; that Beach was duly appointed such guardian and then entered…
1Opinion of the CourtJustice Dickey
The fourth plea is clearly bad. The allegation is, that the bond was not executed at any time within sixteen years before the commencement of this suit. There is no statute rendering the lapse of sixteen years from the date of the instrument a bar to the action. The statute applicable to an action of this kind upon a bond of that date, says: “Actions on bonds * * * shall be commenced within sixteen years next after the cause of action accrued. ” It does not say within sixteen years after the execution of the bond. The cause of action is not the making of the bond. No action accrued upon the…
2Cited by9 opinions
- Nevitt v. WoodburnIllinois Supreme Court · 1895
- Winslow v. PeopleIllinois Supreme Court · 1886
- Genslinger v. New Illinois Athletic ClubAppellate Court of Illinois · 1923
- Rivera v. TaylorIllinois Supreme Court · 1975
- Harris v. CalvertCourt of Appeals of Kansas · 1896
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