Marthaler v. Druiding
Appellate Court of Illinois
Debt-.—-In the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Jonas Hutchinson, Judge, presiding. Trial by the court; finding for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Gary
June 25, 1891, Druiding recovered before a justice a judgment for $120 and costs against one Gerarty, who, instead of appealing while there was yet time, obtained an injunction to restrain the collection of the judgment, and gave a bond with the appellant as surety. That case is reported in 44 Ill. App. 440. The bond was not conditioned, as Sec. 8, Ch. 69, “ Injunctions,”' requires, to pay the judgment, but only to pay such costs and damages as should be awarded.
The appellant is a surety and only bound by the letter of the bond; but when sued upon it, he must make his defense in such manner…
2Cases cited3 opinions
- Kelly v. City of ChicagoIllinois Supreme Court · 1893
- Geraty v. DruidingAppellate Court of Illinois · 1892
- Nichols v. OttoIllinois Supreme Court · 1890
3Cited by2 opinions
- Davis v. GibsonAppellate Court of Illinois · 1897
- Ætna Iron Works v. OwenAppellate Court of Illinois · 1896