Loellke v. Grant

Mr. Presiding Justice Baume

delivered the opinion of the court.

To the declaration of appellees in an action of debt on an attachment bond, appellants pleaded, first, nil debet; second, non est factum; third, nul tiel record; fourth, a special plea, averring return of property attached; and fifth, a special plea, averring that the merits of the case were not tried in the action in which the bond was given; that the property was returned and that appellees were not entitled to a greater judgment than one cent. The plea of non est factum was withdrawn by appellants and general and special…