Seiter v. Tinsley

GUNN, Judge.

Plaintiff-appellant Seiter appeals from a circuit court judgment denying plaintiff’s motion for a summary judgment against the Aetna Casualty and Surety Company as surety on an appeal bond and releasing Aetna from the bond. We affirm the judgment.

The issue to be decided is whether a surety on an appeal bond is liable on the bond when the appeal is dismissed as it was not taken from a final judgment. We hold that a bond in such a circumstance is a nullity and, accordingly, there is no liability thereon.

In 1964, plaintiff obtained a judgment in Illinois against William Tinsley and…