Morrow v. People
Illinois Supreme Court
This was an action of debt on the office bond of Lewis W. Link, as master in chancery, of Greene county, with Samuel Heaton, Z. A. Morrow and Anthony S. Seely, as securities thereon. The suit was instituted against all the parties to said bond ; (said bond being joint and several in its terms.) Heaton, Morrow and Seely were before the court. Heaton filed a plea of non est factum, with affidavit of its truth as to him. Morrow and Seely pleaded non est factum.
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This was an action of debt on the office bond of Lewis W. Link, as master in chancery, of Greene county, with Samuel Heaton, Z. A. Morrow and Anthony S. Seely, as securities thereon. The suit was instituted against all the parties to said bond ; (said bond being joint and several in its terms.) Heaton, Morrow and Seely were before the court. Heaton filed a plea of non est factum, with affidavit of its truth as to him. Morrow and Seely pleaded non est factum. On these pleadings, issue being joined and cause being heard by court, the court found the issue for Heaton as to his plea, and for…
1Opinion of the CourtBreese, J.
If the obligee in a joint and several bond, shall elect to sue the obligors jointly, when he could sue them severally, he must take the consequences of his. election. He must, on trial, to sustain his action, prove a joint contract against all, and recover against all, or none, unless one of the parties interpose a defense personal to himself, as infancy or bankruptcy, in which case a nolle prosequi may be entered against such, and a judgment entered against the others. Such a defense does not go to the action of the writ, but is matter of personal discharge. Not so in this case. The plea of…
2Cases cited1 opinion
- Executors of Morton v. Terre-tenants of CroghanNew York Supreme Court · 1822
3Cited by3 opinions
- Mayer v. BrensingerIllinois Supreme Court · 1899
- Park v. EdgeSupreme Court of Alabama · 1868
- McChesney v. Bell ex rel. ShawAppellate Court of Illinois · 1895