O'Neil v. Nelson
Appellate Court of Illinois
Appeal from the County Court of Cook County; the Hon. Eichard Prendergast, Judge, presiding.
1Opinion of the CourtMoran, J.
This was an action of debt upon an appeal
bond. The verdict found the issues for the plaintiff and found’the debt to be $200, and assessed the plaintiff’s damages at $101.50; upon the verdict, which was correct in form, the judgment order was “that the plaintiff do have and recover of and from said defendants the sum of $301.50, and the costs, etc., and that they have execution therefor.” This judgment is erroneous. It should he for the debt, the penalty to be discharged by the payment of the damages assessed. ■ The execution is for the debt with the indorsement of the damages assessed, which…
2Cases cited8 opinions
- Ives v. HulceAppellate Court of Illinois · 1885
- Mix v. PeopleIllinois Supreme Court · 1879
- Sutherland v. PhelpsIllinois Supreme Court · 1859
- Sugden v. BeasleyAppellate Court of Illinois · 1881
- Tucker v. HamiltonIllinois Supreme Court · 1884
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3Cited by2 opinions
- Ackerman v. PeopleAppellate Court of Illinois · 1902
- United States Fidelity & Guaranty Co. v. Sanitary Dist. of Rockford ex rel. Rockford Lumber & Fuel Co.Court of Appeals for the Seventh Circuit · 1933