McCarthy v. Alphons Custodis Chimney Construction Co.
Illinois Supreme Court
Appear from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. JESSE Hoedom, Judge, presiding. This is an action of debt, brought on January 13, 1904, in the superior court of Cook county by the appellee against the appellant, as surety upon an appeal bond. Three pleas were filed, to which the appellee, plaintiff below, demurred.
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Appear from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. JESSE Hoedom, Judge, presiding. This is an action of debt, brought on January 13, 1904, in the superior court of Cook county by the appellee against the appellant, as surety upon an appeal bond. Three pleas were filed, to which the appellee, plaintiff below, demurred. The demurrers were sustained, to which appellant took exception, and elected to stand by his pleas, and thereupon the court rendered judgment in favor of appellee against the appellant in the.…
1Opinion of the CourtJustice Magruder
The pleas, to which demurrers were sustained, allege that, at and up to the time of the execution of the appeal bond sued upon, the appellee, although a foreign corporation and doing business in Illinois, had not complied with the requirements of the statute of Illinois, which are essential to its right to transact business in Illinois, or maintain actions in Illinois courts; and, for this reason, the pleas allege that the judgment, in the appeal bond recited, and the appeal bond itself are null and void.
It is recited in the declaration and in the bond that on February 10, 1902, appellee…
2Cases cited9 opinions
- Meserve v. ClarkIllinois Supreme Court · 1886
- Holmes v. Standard Oil Co. of IndianaIllinois Supreme Court · 1899
- J. Walter Thompson Co. v. WhitehedIllinois Supreme Court · 1900
- Harding v. KuessnerIllinois Supreme Court · 1898
- Smith v. Whitaker ex rel. JonasIllinois Supreme Court · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gould v. KlabundeAppellate Court of Illinois · 1945
- Heilbrunn v. EllsworthAppellate Court of Illinois · 1914
- Koelling v. WachsningAppellate Court of Illinois · 1912
- Portis v. Illinois Surety Co.Appellate Court of Illinois · 1913
- Gilmore v. LewinsohnAppellate Court of Illinois · 1914
14 more not listed; retrieve them via the Exa API.