Farni v. Tesson
Supreme Court of the United States
Error to the Circuit Court of the United States for the northern district of Illinois. Tesson & Dangen recovered a judgment against Bonteum and Carrey in the Circuit Court of Peoria county, Illinois, on the 12th'of September, 1857, for $8,000. On the same day an execution was issued directed to Woodford county, and a levy was soon after made on real and personal property.
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Error to the Circuit Court of the United States for the northern district of Illinois. Tesson & Dangen recovered a judgment against Bonteum and Carrey in the Circuit Court of Peoria county, Illinois, on the 12th'of September, 1857, for $8,000. On the same day an execution was issued directed to Woodford county, and a levy was soon after made on real and personal property. Bontcunr and Carrey filed a bill on the equity side of the court for an injunction to stop further proceedings under the judgment, and the injunction was directed to issue according to the prayer of the bill, “ upon the…
1Opinion of the CourtJustice Grier
The amendments made to the deela- . ration after demurrer have not removed the original mistake, as to the parties who should have been joined as plaintiffs. In ' an action of debt on bond,' the demand is for the- penalty-. The condition of tide bond is no part of the obligation. It is true, the judgment for the penalty will be released, on performance of the condition annexed to it. The plaintiff may declaré bn it as single, and defendant would then have to pray . oyer of the deed, arid have the condition put on the record, so that he could, plead a performance of it, or any other defence…
2Cases cited1 opinion
- Green v. CustardSupreme Court of the United States · 1860
3Cited by17 opinions
- Hughson v. United StatesCourt of Appeals for the Ninth Circuit · 1932
- Maryland Casualty Co. v. DunlapCourt of Appeals for the First Circuit · 1933
- American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
- Himes v. SchmehlCourt of Appeals for the Third Circuit · 1919
- National City Bank v. Harbin Electric Joint-Stock Co.Court of Appeals for the Ninth Circuit · 1928
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