Sutherland v. Phelps
Illinois Supreme Court
This was an action on an appeal bond. The declaration recites the condition of the bond, and avers that the appeal was dismissed, that the judgment was affirmed, and that the same was remitted by the Supreme Court to the Cook County Court of Common Pleas; that execution was issued, etc.
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This was an action on an appeal bond. The declaration recites the condition of the bond, and avers that the appeal was dismissed, that the judgment was affirmed, and that the same was remitted by the Supreme Court to the Cook County Court of Common Pleas; that execution was issued, etc. The defendants below filed a demurrer to this declaration, assigning as special causes, that the declaration only assigns as a breach, that appellants “did not prosecute the said appeal;” that the condition set forth in the declaration is not alleged to be the condition of the bond; that a sufficient breach…
1Opinion of the CourtBreese, J.
We find nothing on the record of any assignment of errors in this case, except the .general error, that judgment was rendered in favor of the plaintiff below, when it should have been rendered for the defendants.
To determine this, we have only to look to the declaration and the proceedings upon it, in the court below. The declaration was in debt on an appeal bond, and on demurrer thereto, it was assigned as cause of demurrer, that the only breaches of the •condition of the bond are, that the obligors did not prosecute dhe appeal.
By reference to the declaration, and the breaches assigned, it…
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