Neagle v. Kelly
Illinois Supreme Court
Wbit of Ebeoe to the Appellate Court for the First District; —heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. S. Tuthill, Judge, presiding. This was an action brought by Edward M. Kelly, against John F. Neagle, on an appeal bond executed upon an appeal from a justice of the peace to the circuit court, in an action of forcible detainer.
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Wbit of Ebeoe to the Appellate Court for the First District; —heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. S. Tuthill, Judge, presiding. This was an action brought by Edward M. Kelly, against John F. Neagle, on an appeal bond executed upon an appeal from a justice of the peace to the circuit court, in an action of forcible detainer. The bond upon which the action was brought was as follows : “Know all men by these presents, that we, Simon Stafford and John F. Neagle, are held and firmly bound unto Edward Kelly, in the penal sum of $1000, lawful money…
1Opinion of the CourtJustice Ceaig
No complaint is made in the argument in regard to the ruling of the court in the admission or exclusion of evidence. The court, however, gave one instruction on behalf of.the plaintiff which is claimed to be erroneous. The instruction was substantially as follows: 6
“The court instructs the jury, that if they believe, from- the evidence, that the defendant Neagle signed the bond offered in evidence, as surety for Simon Stafford, and they further believe, from the evidence, the defendant Stafford, deceased, agreed with the plaintiff to pay the ground rent and taxes for the premises described in…
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