Herrick v. Swartwout
Illinois Supreme Court
Appeal from the Circuit Court of Marion county; the Hon. Amos Watts, Judge, presiding.
1Opinion of the CourtJustice Soholfield
The objection that the declaration does not show that the bond in suit was taken and approved as the appeal bond of the defendants, in the circuit court of Cook county, comes too late. By failing to demur, and pleading to the merits of the declaration, the defendants waived the objection, and it can not now be urged as error. Evans v. Lohr, 2 Scam. 514; Wallace v. Curtiss, 36 Ill. 158; Commercial Insurance Co. v. Treasury Bank, 61 id. 483; Lusk v. Cassell, 25 id. 209; Nelson et ux. v. Borchenius, 52 id. 236. Although the bond was required by-statute to be filed in the office of the clerk of…
2Cases cited1 opinion
- Frye v. MenkinsIllinois Supreme Court · 1854
3Cited by13 opinions
- Burnham v. EdwardsSupreme Court of Oklahoma · 1927
- Hampshire Arms Hotel Co. v. St. Paul Mercury & Indemnity Co.Supreme Court of Minnesota · 1943
- Everingham v. National City BankIllinois Supreme Court · 1888
- Guels v. Mississippi Valley Trust Co.Supreme Court of Missouri · 1932
- Cook v. KingAppellate Court of Illinois · 1880
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