Legal Opinion

McDonough v. People

Appellate Court of Illinois

Decided December 16, 1897PublishedCited by 3 opinions

Transcript, from a justice of the peace. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the October term, 1897. Reversed. Opinion filed December 16, 1897.

1Opinion of the CourtJustice Windes

This was an action before a justice of the peace against a constable for taking an insufficient replevin bond. The defendant pleaded the statute of limitations before the justice, which plea was sustained, and plaintiff appealed to the Circuit Court, where a trial before the court, without a jury, resulted in a judgment against defendant for $131.60, from which this appeal is prosecuted.

In the view we take of the questions presented, it only seems necessaiy to consider that presented by the defense of the statute of limitations.

Secs. 12 and 13, Ch. 119, Rev. Stat. of Illinois, are as follows :

2Cases cited2 opinions

  1. Petrie v. FisherIllinois Supreme Court · 1867
  2. Peck v. WilsonIllinois Supreme Court · 1859

3Cited by3 opinions

  1. People v. LewisAppellate Court of Illinois · 1908
  2. Love v. PeopleAppellate Court of Illinois · 1901
  3. People v. FerronAppellate Court of Illinois · 1931

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