Legal Opinion

Gallagher v. Schmidt

Appellate Court of Illinois

Decided December 26, 1923No. Gen. No. 28,049Published

1Opinion of the CourtJustice O’Connor

Vincent Gr. G-allagher brought an action of debt on an appeal bond against Emil Gr. Schmidt, as receiver of the Suburban Railroad Company, a corporation, as principal, and the Chicago & West Towns Railway Company, a corporation, as surety. The surety alone was served. It entered its appearance, filed nine pleas, to which plaintiff interposed a demurrer and it was on argument sustained. Thereupon, on motion of the defendant, the demurrer was carried back to the declaration, and upon argument it was overruled. The defendant then elected to stand by its pleas and a judgment for $35,000 in debt…

2Cases cited10 opinions

  1. People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
  2. Calumet & Chicago Canal & Dock Co. v. ConklingIllinois Supreme Court · 1916
  3. People v. SholemIllinois Supreme Court · 1909
  4. Kraft v. West Side Brewery CompanyIllinois Supreme Court · 1905
  5. Kipp v. LichtensteinIllinois Supreme Court · 1875

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