Legal Opinion
Berz v. Mecartney
Appellate Court of Illinois
Decided June 30, 1904No. Gen. No. 11,393PublishedCited by 2 opinions
Action of debt upon replevin bond. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding.
1Opinion of the CourtJustice Ball
• Appellant brought an action of debt against appellee Mecartney and one F, E. Bachman. The declaration counts upon a bond dated December 5,1899, given by Bach-man as principal and -Mecartney as surety in the sum of $2,000, conditioned that if Bachman shall prosecute to effect a certain replevin suit that day commenced by him against the sheriff of Cook county and Leonard & Wright for the recovery of certain personal property described, etc., then the bond to be void, etc.; that said personal property was replevied and turned over to said Bachman; that said replevin suit wholly failed, and…
2Cases cited2 opinions
- Samuel v. AgnewIllinois Supreme Court · 1875
- Lederbrand v. PickrellIllinois Supreme Court · 1897
3Cited by2 opinions
- Fedorchak v. JeffersAppellate Court of Illinois · 1936
- Benson v. FitzgeraldAppellate Court of Illinois · 1908