Legal Opinion

People ex rel. Masterson v. Hathaway

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 5 opinions

Appeal from the Branch Appellate Court for the First District;-—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Charles G-. Neely, Judge, presiding. This is an appeal from a judgment entered by the Appellate Court for the First District affirming a judgment rendered by the circuit court of Cook county in.an action against appellee on a bond.

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Appeal from the Branch Appellate Court for the First District;-—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Charles G-. Neely, Judge, presiding. This is an appeal from a judgment entered by the Appellate Court for the First District affirming a judgment rendered by the circuit court of Cook county in.an action against appellee on a bond. The facts, stated in the main as they were by the Appellate Court, are as follows: William C. Furman was arrested on a capias ad satisfaciendum upon a judgment obtained against him in the circuit court of Cook county by…

1Opinion of the CourtJustice Ricks

The propositions argued by appellant in support of this appeal are: (1) That the question of the right to a discharge, as bail, by appellee, is res judicata, and can not here be insisted upon by appellee as a defense to the present action; (2) that the condition of the bond has not been performed.

As to the first proposition the contention of appellant is, that the petition filed by appellee in the count}7 court, by means of which application was made for appellee’s discharge as bail, presented to that court the same matters that are now relied on as a defense, and appellee having been…

2Cases cited6 opinions

  1. Taylor v. TaintorSupreme Court of the United States · 1873
  2. People v. ManningNew York Supreme Court · 1828
  3. Parker v. BidwellSupreme Court of Connecticut · 1819
  4. Whipple v. PeopleAppellate Court of Illinois · 1891
  5. Baker Manufacturing Co. v. FisherSupreme Court of Kansas · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. Carolina Casualty Insurance CompanyCourt of Appeals for the Seventh Circuit · 1956
  2. Keyes v. BennettIllinois Supreme Court · 1905
  3. Worth v. StateOhio Court of Appeals · 1931
  4. Keyes v. BennettAppellate Court of Illinois · 1905
  5. People ex rel. Seaman v. TawneyAppellate Court of Illinois · 1935

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