Hibbard v. McKindley
Illinois Supreme Court
The plaintiffs in error commenced a suit against the defendants in error in the Circuit Court of Cook county, on the 27th of April, 1860, upon an injunction bond. The defendant demurred to the declaration ; after the argument, a nolle prosequi was entered by plaintiffs as to the first count, and the court sustained the general demurrer to the second count, whereupon judgment was rendered against the plaintiffs for costs, at the March term, 1861, by Maeiebre, Judge.
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The plaintiffs in error commenced a suit against the defendants in error in the Circuit Court of Cook county, on the 27th of April, 1860, upon an injunction bond. The defendant demurred to the declaration ; after the argument, a nolle prosequi was entered by plaintiffs as to the first count, and the court sustained the general demurrer to the second count, whereupon judgment was rendered against the plaintiffs for costs, at the March term, 1861, by Maeiebre, Judge. The commencement and second count of the declaration is as follows, to wit: James A. Hibbard, Charles Miner, Eobert S. Eandall…
1Opinion of the CourtWalker, J.
Was the declaration, as originally filed, and previous to its amendment, sufficient to warrant a recovery ? Under our practice, the plaintiff, in an action on a penal bond, is required to assign the breaches in his declaration, and not upon the record, as required by the ancient English practice. According to the rules of pleading, the plaintiff may assign as many breaches as he deems necessary, on a penal bond, in one count, or he may file as many counts as there are breaches of the bond. When the former course is adopted, each breach, answers the place of a separate count. The…
2Cases cited1 opinion
- Churchill v. AbrahamIllinois Supreme Court · 1859
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- Mix v. VailIllinois Supreme Court · 1877
- Block v. BlumAppellate Court of Illinois · 1889
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