Odell v. Hole
Illinois Supreme Court
This was an action of debt, commenced in the Mason Circuit Court, by summons returnable to the Circuit Court of Mason county, wherein the debt was claimed to be $750, and damages $750, which said summons was returned served on Mathew Tomlin and James J. Pelham, two of the defendants.
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This was an action of debt, commenced in the Mason Circuit Court, by summons returnable to the Circuit Court of Mason county, wherein the debt was claimed to be $750, and damages $750, which said summons was returned served on Mathew Tomlin and James J. Pelham, two of the defendants. And on the 9th day of April, 1858, the defendant in error filed his amended declaration, containing two counts. -The first claims debt of $750, and is in substance as follows: That on the 26th day of February, 1856, at Mason county, Illinois, Miles P. Odell caused a writ of replevin to issue from the Mason…
1Opinion of the CourtWalker, J.
This was an action of debt on a penal bond, with conditions annexed. The jury returned a verdict for one hundred and seventy-five dollars, a part of the debt in the declaration mentioned, but failed to assess any damages. Upon this verdict the court below rendered judgment, and the assignment of errors questions its correctness. It has been uniformly held by this court, that in an action on a bond of this kind, the jury should find the amount of both the debt and damages. And upon such a verdict the court should render a judgment for the debt thus found, and award execution for that sum, with…
2Cases cited1 opinion
- March v. WrightIllinois Supreme Court · 1852
3Cited by13 opinions
- Lehman v. CotrellAppellate Court of Illinois · 1939
- Kimball v. SalisburyUtah Supreme Court · 1898
- Maloney v. NewtonIndiana Supreme Court · 1882
- Coffin v. TaylorOregon Supreme Court · 1888
- Dalby v. CampbellAppellate Court of Illinois · 1888
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