Isaacs v. Illinois Surety Co.

The obligation of the defendant, assumed by the undertaking in suit, was “ that if the plaintiffs recover judgment against the Haines Realty Corporation, The Illinois Surety Company will pay the said judgment and costs not exceeding $8,000.” A judgment exceeding $8,000 was recovered, as admitted by the pleadings, but the defense to this action is that execution was stayed for ten days, pending an appeal, wdiich stay was extended hy the giving of a statutory undertaking; hence, it is contended that the judgment was not of a final or enforceable character when this action was brought, and that…