Magerstadt ex rel. T. A. Shaw & Co. v. Field
Appellate Court of Illinois
Action of debt. Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1909.
1Opinion of the Court
Mr. Presiding Justice Smith
delivered the opinion of the court.
The record presents two controlling questions:
1st. Are the questions arising upon the rulings of the trial court in excluding the evidence offered by the plaintiff open to review, the same not having been specified in plaintiff’s motion for a new trial?
2nd. If the rulings excepted to are before the court, then the substantial question is, whether a surety on a replevin bond given to procure the execution of an existing original writ of replevin directed against Wohlhueter & Champness can be held liable for damages resulting from…
2Cases cited8 opinions
- McFadden v. RossIndiana Supreme Court · 1886
- Smith v. GillettIllinois Supreme Court · 1869
- Elliott v. HerzMichigan Supreme Court · 1874
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
- Fahnestock v. GilhamIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Azar v. Statewide Insurance Co.Appellate Court of Illinois · 1997