Goelz v. Joerg
Illinois Supreme Court
Writ op Error to the Circuit Court of St. Clair county; A. S. Wilderman, Esq., acting Judge, by consent of parties. This was an action of debt, bi'ought in the court below by Joerg, coroner of St. Clair county, who sued for the use of various parties, against John Goelz, Philip Schmidt and Louis Schmidt, upon a replevin bond, in which Goelz was principal and the other, two defendants were sureties.
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Writ op Error to the Circuit Court of St. Clair county; A. S. Wilderman, Esq., acting Judge, by consent of parties. This was an action of debt, bi'ought in the court below by Joerg, coroner of St. Clair county, who sued for the use of various parties, against John Goelz, Philip Schmidt and Louis Schmidt, upon a replevin bond, in which Goelz was principal and the other, two defendants were sureties. The declaration recited the bringing of the action of replevin by Goelz against one Stookey, and.that under the,writ in that suit the officer took a stock of goods which was in the store of one…
1Opinion of the CourtJustice Walker
It is first objected that the court below erred in sustaining the demurrer to the third plea of plaintiffs in error. This plea is not set out in the abstract, and we, for that reason, presume the assignment of error on sustaining the demurrer to it, is not regarded as well taken. The first plea was non est factum; the second was a plea of nul tiel record. On both of these pleas issue was joined. The third plea avers that plaintiff in error, Goelz, did prosecute his suit without delay and with effect, which defendant in error insists is not an answer to the entire declaration or to any of the…
2Cited by2 opinions
- Mix v. PeopleIllinois Supreme Court · 1877
- Larson v. LairdAppellate Court of Illinois · 1890