Aetna Indemnity Co. v. Spencer
Appellate Court of Illinois
Action of debt upon bond. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Statement by the Court. This is a suit on an appeal bond filed in this court upon allowance of an appeal to the Supreme Court from a judgment of this court, which judgment was affirmed by the Supreme Court.
Read the full summary
Action of debt upon bond. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Statement by the Court. This is a suit on an appeal bond filed in this court upon allowance of an appeal to the Supreme Court from a judgment of this court, which judgment was affirmed by the Supreme Court. U. S. Wringer Co. v. Cooney, 214 Ill. 520, The present suit was beg-un by praecipe filed May 5, 1905, and summons issued and declaration filed the same day. The suit was brought by Julia M. Cooney and the papers and proceedings were—May 16, 1905, —amended by inserting after…
1Opinion of the Court
Me. Presiding Justice Freeman
delivered the opinion of the court.
It is contended in behalf of appellant that the alleged prior Ohio attachment by way of garnishment is pleadable in abatement, and this even though the title of the plaintiff in this suit became by amendment “Julia M. Cooney for the use of Charles C. Spencer,” that the amended plea in this suit is sufficient in form and that the appeal bond should run to the personal representatives of the nominal plaintiff, the death of the latter having occurred after the rendition of the judgment and after appeal prayed therefrom, but before…
2Cases cited11 opinions
- Garrick v. ChamberlainIllinois Supreme Court · 1880
- Bacon v. SchepflinIllinois Supreme Court · 1900
- Pitts Sons' Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1887
- Davids v. PeopleIllinois Supreme Court · 1901
- Foreman Shoe Co. v. F. M. Lewis & Co.Illinois Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bruce v. American Surety Co.Appellate Court of Illinois · 1931