Erlinger v. People
Illinois Supreme Court
Appeal from the Oircuit Court of the county of St. Clair; the Hon. J. Gillespie, Judge, presiding. This was an action of debt, commenced at the June term, 1863, in the name of the people against the appellants, upon a bond given before a justice of the peace, in a prosecution for bastardy, to secure the attendance of one of the obligors at the Circuit Court.
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Appeal from the Oircuit Court of the county of St. Clair; the Hon. J. Gillespie, Judge, presiding. This was an action of debt, commenced at the June term, 1863, in the name of the people against the appellants, upon a bond given before a justice of the peace, in a prosecution for bastardy, to secure the attendance of one of the obligors at the Circuit Court. Upon demurrer to the declaration, the court below gave judgment for the plaintiff for $600, the penalty of the bond, to be discharged on the payment of $500, damages and costs. The questions raised by the appellants are stated in the…
1Opinion of the CourtJustice Lawrence
This was an action of debt against the appellants, upon a bastardy bond entered into before a justice of the peace, by George Erlinger as principal, and Joseph Erlinger as security. The appellants demurred to the declaration; the demurrer was overruled, and final judgment was entered for the amount of the bond. The appellants now assign as error the overruling of the demurrer, and the rendition of the judgment.
The point most vigorously urged upon the argument, by the counsel for the appellants, was this, that the obligation sued upon was involuntary, and that it contains conditions not…
2Cited by6 opinions
- Freeman v. PeopleIllinois Supreme Court · 1870
- Schill v. ReisdorfIllinois Supreme Court · 1878
- Trustees of Schools of Town One v. ChambersAppellate Court of Illinois · 1926
- Chicago, Burlington & Quincy Railroad v. City of AuroraIllinois Supreme Court · 1881
- State v. SuchSupreme Court of New Jersey · 1891
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