Pearl v. Wellman
Illinois Supreme Court
In April, 1846, the Wellmans, appellees in this cause, recovered a judgment in the Circuit Court of Tazewell county, against F. Pearl, one of the appellants, from which judgment an appeal was allowed, and a bond entered into by Pearl, with Holland, the other appellant in the present cause, as his surety. At the December term, 1846, of the Supreme Court, the judgment of the Circuit Court was reversed.
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In April, 1846, the Wellmans, appellees in this cause, recovered a judgment in the Circuit Court of Tazewell county, against F. Pearl, one of the appellants, from which judgment an appeal was allowed, and a bond entered into by Pearl, with Holland, the other appellant in the present cause, as his surety. At the December term, 1846, of the Supreme Court, the judgment of the Circuit Court was reversed. At the ensuing term of this Court, on motion of the Wellmans, a rehearing was granted, and, thereupon, the judgment of the Court below was affirmed. The present suit was brought against Pearl and…
1Opinion of the Court
Opinion by Mr. Justice Trumbull:
In April, 1846, the appellees recovered a judgment in the Court below against Pearl, from which an appeal was allowed to the Supreme Court, on the ordinary bond in such cases, with Holland as surety. The present suit was brought against Pearl and Holland, on the appeal bond, the non-payment of the judgment after affirmance being the breach assigned.
Pearl and Holland pleaded jointly: first, non est factum; and, secondly, that the judgment had not been affirmed: on both of which, issues were taken. Besides these, Holland pleaded separately : first, that he was a…
2Cases cited2 opinions
- Anderson v. JacksonNew York Supreme Court · 1819
- Locke v. WinstonSupreme Court of Alabama · 1846
3Cited by1 opinion
- Culver v. Fidelity & Deposit Co.Michigan Supreme Court · 1907