Willenborg v. Murphy
Illinois Supreme Court
Murphy, administrator, etc., having instituted a suit in chancery in the Circuit Court of Macon county, against Henry Willenborg and Frank Willenborg, obtained a decree against Henry Willenborg alone, that he should pay to the complainant the sum of seventy-five dollars within a given time, etc. No decree was rendered against the defendant, Frank Willenborg.
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Murphy, administrator, etc., having instituted a suit in chancery in the Circuit Court of Macon county, against Henry Willenborg and Frank Willenborg, obtained a decree against Henry Willenborg alone, that he should pay to the complainant the sum of seventy-five dollars within a given time, etc. No decree was rendered against the defendant, Frank Willenborg. An appeal was prayed by both the defendants below, and an appeal bond executed, with a condition reciting that the decree appealed from was rendered against both Henry Willenborg and Frank Willenborg. The bond was signed by Henry…
1Opinion of the Court
Per Curiam :
The first objection to the appeal bond is well taken; the condition in the bond recites a joint decree against both the defendants, when it appears from the record that the decree was against one of them alone, no decree whatever being rendered against the other. The recital in the condition should conform in that regard with the state of the case as it appears from the record.
In the second objection there is no force. The decree appealed from was, in fact, against Henry Willenborg alone, and he executed the appeal' bond himself, so that it matters not that he had no authority to…
2Cited by4 opinions
- Hileman v. BealeIllinois Supreme Court · 1886
- Village of Dolton v. Dolton EstateIllinois Supreme Court · 1928
- Pittman's Administrator v. MyrickSupreme Court of Florida · 1878
- Walker v. GibsonAppellate Court of Illinois · 1889