Matthews v. Storms
Illinois Supreme Court
Appeal from the Circuit Court of White county; the Hon. Tazewell B. Tanner, Judge, presiding. The declaration in this case, after the caption, is as follows: “Hail Storms, sheriff, and John Diddle, deputy sheriff of White county, Illinois, who sue for the use of Samuel B. Sacks and Joseph Sacks, partners, trading by firm name of J. & S. B. Sacks, complain of Thomas Matthews and Bobert Stanley, of a plea that they render to the said plaintiffs, for the use aforesaid, the sum…
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Appeal from the Circuit Court of White county; the Hon. Tazewell B. Tanner, Judge, presiding. The declaration in this case, after the caption, is as follows: “Hail Storms, sheriff, and John Diddle, deputy sheriff of White county, Illinois, who sue for the use of Samuel B. Sacks and Joseph Sacks, partners, trading by firm name of J. & S. B. Sacks, complain of Thomas Matthews and Bobert Stanley, of a plea that they render to the said plaintiffs, for the use aforesaid, the sum of $2400, which they owe to and unjustly detain from the said plaintiffs for the use aforesaid; for that whereas,…
1Opinion of the CourtJustice Scholeield
The tenor of the bond, as it appears upon oyer, is considered as forming a part of the precedent pleading, and it was competent for appellants to avail themselves of any defect apparent upon the face of the bond, or variance between its terms and the allegations in the declaration, after oyer, by demurrer. 1 Chit. Pleading, 466, 468; Taylor et al. v. Kennedy, Breese, 91.
It is alleged in the declaration, that the condition of the bond is, “that, whereas, the said Thomas Matthews had, upon the day of executing said bond, replevied the goods and chattels above mentioned, which had been…
2Cases cited1 opinion
- Arter v. PeopleIllinois Supreme Court · 1870
3Cited by1 opinion
- National Council of Knights & Ladies of Security v. Hibernian Banking Ass'nAppellate Court of Illinois · 1907