Legal Opinion

Manning v. Pierce

Illinois Supreme Court

Decided December 15, 1839PublishedCited by 1 opinion

This was an action of debt brought in the Municipal Court of the city of Alton, by Samuel C. Pierce, late coroner of Madison county, against the appellants, upon a replevin bond executed by them to said Pierce, as coroner of said county. The declaration contained two counts ; the first merely setting out a bond made by the defendants to the plaintiff, as coroner, for the payment of $ 500. The second set forth the making of the bond with the following condition.

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This was an action of debt brought in the Municipal Court of the city of Alton, by Samuel C. Pierce, late coroner of Madison county, against the appellants, upon a replevin bond executed by them to said Pierce, as coroner of said county. The declaration contained two counts ; the first merely setting out a bond made by the defendants to the plaintiff, as coroner, for the payment of $ 500. The second set forth the making of the bond with the following condition. “ That, whereas the above bounden William Manning had sued out of the Municipal Court of the city of Alton, county and State…

1Opinion of the CourtSmith, Justice

This was an action of debt on an official bond given to the coroner of Madison county in an action of replevin. There are two counts in the declaration ; the first merely sets out the bond, and avers the non-payment of the sum covenanted to be paid. The second assigns breaches of the condition of the bond. To these counts, the defendants in the Court below, demurred separately ; and they now assign for error, the decision of the Court below, in overruling the demurrers, and urge, as grounds of objection, first, that an action of debt will not lie on the bond exhibited in the record ;…

2Cited by1 opinion

  1. Strassheim ex rel. Barnes v. BarnesAppellate Court of Illinois · 1918

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