Smith v. Berz
Appellate Court of Illinois
Action of debt upon replevin bond. Appeal from the Circuit Court of Cook County; the Hon. Lockwood Honoré, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This is an appeal from a judgment of the Circuit Court of Cook county for damages of $2,000 on a replevin bond..
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Action of debt upon replevin bond. Appeal from the Circuit Court of Cook County; the Hon. Lockwood Honoré, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. This is an appeal from a judgment of the Circuit Court of Cook county for damages of $2,000 on a replevin bond.. The judgment was rendered in July, 1904, against the appellant, Orson Smith, who was surety on the bond and was alone served with process, the principal, one Francis Lettellier, although sued with appellant, not having been found in the jurisdiction. The bond of Lettellier as principal and…
1Opinion of the CourtJustice Bbown
The questions raised by this appeal are sufficiently disclosed by the statement of the pleadings prefixed to this opinion.
Although (erroneously as we think) the papers and proceedings in the attachment suit of the Gilliam Manufacturing Company, a West Virginia corporation, against the Hamilton Kenwood Cycle Company were excluded from evidence by the trial judge, it stands admitted by the pleadings (having been although first in a rejoinder denied, afterward in a plea alleged, by the defendant, as well as set up by the plaintiff in replications) that such an attachment suit was begun on…
2Cases cited9 opinions
- Rhawn v. PearceIllinois Supreme Court · 1884
- Heyer v. AlexanderIllinois Supreme Court · 1884
- Chicago, Milwaukee & St. Paul Railway Co v. Keokuk Northern Line Packet Co.Illinois Supreme Court · 1883
- May v. First National BankIllinois Supreme Court · 1887
- Woodward v. BrooksIllinois Supreme Court · 1889
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3Cited by4 opinions
- Hawley v. State BankAppellate Court of Illinois · 1907
- Hunter W. Finch & Co. v. Zenith Furnace Co.Appellate Court of Illinois · 1909
- Hawley v. State BankAppellate Court of Illinois · 1907
- Illinois Trust & Savings Bank v. Northern Bank & Trust Co.Appellate Court of Illinois · 1919