Legal Opinion

Arthur v. Doyle

Appellate Court of Illinois

Decided December 23, 1909No. Gen. No. 14,789Published

Action of debt. Error to the Municipal Court of Chicago; the Hon. Fbebman K. Blake, Judge, presiding. Heard in this court at the October term, 1908.

1Opinion of the CourtJustice Freeman

The theory upon which the cause was disposed of by the Municipal Court is said to have been that the plaintiff is estopped from recovery on the second appeal bond by payment of a prior judgment on the first appeal bond; that plaintiff’s damages had all accrued when the separate suits were brought on the bonds, and when the judgment was rendered on the first; that plaintiff’s claim consisted of a single indivisible item of damages against a tort feasor, and that by splitting her claim, plaintiff released the defendants from all liability oh the second bond.

On the other hand it is urged in…

2Cases cited8 opinions

  1. Sarah v. ReadIllinois Supreme Court · 1882
  2. McCarthy v. Alphons Custodis Chimney Construction Co.Illinois Supreme Court · 1906
  3. McDole v. McDoleIllinois Supreme Court · 1883
  4. Becker v. PeopleIllinois Supreme Court · 1896
  5. Ennor v. Galena & Southern Wisconsin RailroadIllinois Supreme Court · 1882

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