Flack v. Moore
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1903.
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
If the court had stayed the suit and the defendant had thereafter received his discharge in bankruptcy, the plaintiff would then have been entitled to proceed to judgment against him for the purpose of charging the surety in the appeal bond, but the defendant would have been entitled to an order for the perpetual stay of execution. If he had failed to obtain a discharge, the plaintiff would have been entitled to a general judgment against him. Hill v. Harding, 116 Ill. 92.
Appellant, by the perpetual stay of execution on the…
2Cases cited3 opinions
- Bowman v. Venice & Carondelet Railway Co.Illinois Supreme Court · 1882
- Hill v. HardingIllinois Supreme Court · 1886
- Short v. RaubIllinois Supreme Court · 1876
3Cited by3 opinions
- House v. SchnadigAppellate Court of Illinois · 1908
- Danforth Manufacturing Co. v. M. L. Barrett & Co.Appellate Court of Illinois · 1907
- Oberreich v. FosterAppellate Court of Illinois · 1910