Whyland v. Chicago Bonding & Surety Co.

Mr. Presiding Justice Holdom

delivered the opinion of the court.

The cause of action in this suit has been determined by two juries in favor of defendant. On the first verdict a new trial was awarded, but judgment of nil capiat was entered upon the second verdict, from which plaintiff prosecutes this appeal. Unless in the trial appealed from errors in procedure occurred of such harmful effect upon the legal rights of defendant as to call for a reversal and a third trial, the disputed facts may be regarded as settled in favor of defendant.

The action is upon an employee’s fidelity bond, in which…