Cleveland v. Skinner
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of debt upon a bail bond, brought by appellees against Finch, as principal, and appellant, one P. B. Morgan and W. J. Chamberlain, as sureties. The record contains no summons, but the declaration is entitled of the October term of the superior court, 1869. On the 19th same month, Morgan’s default was entered.
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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of debt upon a bail bond, brought by appellees against Finch, as principal, and appellant, one P. B. Morgan and W. J. Chamberlain, as sureties. The record contains no summons, but the declaration is entitled of the October term of the superior court, 1869. On the 19th same month, Morgan’s default was entered. On the 1st November, 1869, Cleveland entered Ms appearance and filed four several pleas, in substance as follows: 1. That he did not owe the debt jorntl/y with the other defendants.…
1Opinion of the CourtJustice McAllister
The position taken by appellant’s counsel, that after the judgment taken against Morgan, his co-defendants not served with the original summons could be brought in only by scire facias, is not tenable. That judgment was but the ordinary interlocutory judgment by default; and then a continuance to assess damages, which was done at the same time of assessing damages against appellant. This practice was regular and proper.
The only other questions requiring consideration arise upon the decision of the demurrers. The demurrer to appellant’s first plea merely denying a joint indebtedness was…
2Cited by3 opinions
- Stott v. City of ChicagoIllinois Supreme Court · 1903
- Skolnik v. United StatesCourt of Appeals for the Seventh Circuit · 1924
- Swierczynski v. SwierczynskiAppellate Court of Illinois · 1931