Warner v. Matthews
Illinois Supreme Court
This was • an action of debt, brought in the name of the sheriff of Morgan county, against the appellant and his security, for the penalty of a replevin bond. Process was served upon the appellant only.
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This was • an action of debt, brought in the name of the sheriff of Morgan county, against the appellant and his security, for the penalty of a replevin bond. Process was served upon the appellant only. The declaration is in the usual form of declaring upon a . penal bond, under Sec. 18, Revised Statutes of 1845, page 416, reciting the pendency of the suit in replevin, setting out the instrument to be declared upon m haeo verba, averring the trial and determination of the suit, a judgment that the property be returned to the plaintiff, the issuing of a writ of retorno hdbendo, and assigning,…
1Opinion of the CourtSkinner, J.
This was an action of debt upon a replevin bond. The declaration alleges the commencement of the action of replevin, the execution of the bond sued on, conditioned for return of the property, if return thereof should be awarded, a trial of the "cause upon issues joined, a judgment for the defendant and for return of the property, the issuing and return of the writ of retorno habendo, and assigns for breach that the defendant has not returned the property, and that the obligors in the bond have not paid the penalty thereof.
The defendant pleaded nil debit, upon which issue was joined, without…
2Cited by14 opinions
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- Cleaves v. HerbertIllinois Supreme Court · 1871
- Colorado Springs Co. v. HopkinsSupreme Court of Colorado · 1880
- Perrigo Gold Mining & Tunneling Co. v. GrimesSupreme Court of Colorado · 1875
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