Legal Opinion

Atkins v. Moore

Illinois Supreme Court

Decided June 15, 1876PublishedCited by 31 opinions

Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding.

1Opinion of the Court

Mr. Chibe Justice.

Sheldon delivered the opinion of the Court:

This is an appeal from a judgment against the principal and one of his sureties, upon a replevin bond.

The replevin bond was given to Lewis W. Moore, sheriff, in a suit of replevin, brought by Amos Atkins against Thomas Byrnes. The present suit on the replevin bond was brought in the name of Lewis W. Moore, late sheriff, etc., for the use of William Cool.

It is insisted, first, that, under the statute, the suit could be brought in the name of the sheriff, for the use of only the defendant in the replevin suit, and that it can not be…

2Cases cited2 opinions

  1. Warner v. MatthewsIllinois Supreme Court · 1856
  2. Broadwell v. ParadiceIllinois Supreme Court · 1876

3Cited by31 opinions

  1. Aetna Life Insurance v. MosesSupreme Court of the United States · 1933
  2. Gones v. FisherIllinois Supreme Court · 1919
  3. Schott v. YoureeIllinois Supreme Court · 1892
  4. Knight v. GriffeyIllinois Supreme Court · 1896
  5. Chamberlain v. WestSupreme Court of Minnesota · 1887

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