Koelling v. Wachsning
Appellate Court of Illinois
Appeal from the County Court of Cook county; the Hon. John E. Owens, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1911.
1Opinion of the CourtJustice Barnes
This was a suit against a surety on an appeal bond, the validity of which and of the judgment appealed from defendant sought to question by special pleas to which demurrers were sustained. Various errors are assigned, but as none are argued except such as relate to the ruling sustaining said demurrers, the others are waived and will not be considered. Wabash, St. L. & P. R. Co. v. McDougal, 113 Ill. 603; Keyes v. Kimmel, 186 Ill. 109.
The defendant could not question by plea the validity of a judgment, the existence of which was admitted by recitals in the bond he executed and which were set…
2Cases cited8 opinions
- Mix v. PeopleIllinois Supreme Court · 1877
- Meserve v. ClarkIllinois Supreme Court · 1886
- George v. BischoffIllinois Supreme Court · 1873
- Harding v. KuessnerIllinois Supreme Court · 1898
- McCarthy v. Alphons Custodis Chimney Construction Co.Illinois Supreme Court · 1906
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3Cited by3 opinions
- Gilmore v. LewinsohnAppellate Court of Illinois · 1914
- City of Chicago v. McGheeAppellate Court of Illinois · 1960
- Adams v. TaylorAppellate Court of Illinois · 1928