Wanack v. People
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. William M. Farmer, Judge, presiding. , This suit was begun in the circuit court of Christian county by the People, etc., for the use of appellees, the widow and children of John Alexander, deceased, against appellant, as surety on the dram-shop bond of one Charles L. Wanack.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. William M. Farmer, Judge, presiding. , This suit was begun in the circuit court of Christian county by the People, etc., for the use of appellees, the widow and children of John Alexander, deceased, against appellant, as surety on the dram-shop bond of one Charles L. Wanack. The declaration sets forth the bond sued upon, which was executed on September 21,1896, conditioned according to the provisions of section 5 of the Dram-shop act, in the usual form of…
1Opinion of the CourtJustice Wilkin
The demurrer to «the declaration being general, the principal question in the case is, does it state a .good cause of action? The contention on behalf of the appellant that it does not is stated as follows: “That the bond set up and relied upon is the bond of Charles L. Wanack and mot the bond of Peter Michels, and the judgment declared upon is a joint judgment against Charles L. Wanack and P.eter Michels; and that the declaration also discloses that the judgment herein made the basis of a recovery was obtained under that section of the statute authorizing a remedy against the keeper of a…
2Cases cited5 opinions
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Berger v. WilliamsU.S. Circuit Court for the District of Michigan · 1849
- Motsinger v. ColemanIllinois Supreme Court · 1854
- State ex rel. State Bank v. MartinSupreme Court of Arkansas · 1859
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3Cited by11 opinions
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- Wanack v. MichelsIllinois Supreme Court · 1905
- Chicago & Milwaukee Electric Railway Co. v. KrempelAppellate Court of Illinois · 1904
- Beckers v. City of KankakeeAppellate Court of Illinois · 1919
- Lesczauskis v. DownsIllinois Supreme Court · 1918
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