Tobin v. French
Appellate Court of Illinois
Debt, upon an appeal bond. Trial in the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Judgment for defendant, on demurrer to declaration. Appeal by plaintiff. This is an action of debt upon an appeal bond.
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Debt, upon an appeal bond. Trial in the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding. Judgment for defendant, on demurrer to declaration. Appeal by plaintiff. This is an action of debt upon an appeal bond. Appellants’ declaration recites that plaintiffs, under the name, style and description of the Benjamin F. Tobin Estate, recovered possession of certain premises before a justice of the peace, in an action of forcible entry and detainer, with cost of suit, against the defendant French; that the latter appealed from said judgment to the Circuit Court, and in and by…
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
It is contended for appellees, in the first place, that in consequence of the amendment stated in the declaration to have been made in the Circuit Court, changing the name of the plaintiff, and substituting for the “ Benjamin F. Tobin Estate ” the names of individuals alleged to have been doing business under that name, style and description, the plaintiffs who recovered in that suit ceased to be identical with the obligee in the bond, and that the judgment rendered therein was not an affirmance of the judgment of the justice…
2Cases cited4 opinions
- O'Connell v. LambAppellate Court of Illinois · 1895
- Block v. BlumAppellate Court of Illinois · 1889
- Chicago & Alton Railroad v. HigginsIllinois Supreme Court · 1871
- Morse v. GoetzAppellate Court of Illinois · 1894
3Cited by1 opinion
- Haberer v. HansenAppellate Court of Illinois · 1909