Sanger v. Nadlehoffer
Appellate Court of Illinois
Appeal from the Circuit Court of Will County; the Hon. Charles Blanchard, Judge, presiding. This was a suit brought by the appellee against the appellant, impleaded with Andrew Dillman, in an action of debt upon an appeal bond given by the appellant to appellee in the penal sum of $10,000, in which it was recited that appellee, on the 27th day of June, 1885, at a term of court then being holden within and for the county of Will, Illinois, obtained a decree against Andrew…
Read the full summary
Appeal from the Circuit Court of Will County; the Hon. Charles Blanchard, Judge, presiding. This was a suit brought by the appellee against the appellant, impleaded with Andrew Dillman, in an action of debt upon an appeal bond given by the appellant to appellee in the penal sum of $10,000, in which it was recited that appellee, on the 27th day of June, 1885, at a term of court then being holden within and for the county of Will, Illinois, obtained a decree against Andrew Dillman and Edward R. Knowlton dismissing their certain bill of complaint and cost of suit, from which decree the said…
1Opinion of the CourtLacey, J.
Some points are raised here preliminary to the effect that the judgment should have been arrested on the appellant’s motion. It is insisted that in the second breach of the first count of the declaration and the second and fourth counts of the declaration there is no averment that the Appellate Court had ever affirmed the judgment of the Circuit Court or that the condition of the appeal bond sued on had been fulfilled by affirmance, so as to authorize the bond to be sued on. We find from an examination of the declaration that this charge is true as to the second and fourth counts of the…
2Cases cited7 opinions
- City of Chicago v. O'BrennanIllinois Supreme Court · 1872
- Cassady v. Trustees of SchoolsIllinois Supreme Court · 1882
- Massie v. BelfordIllinois Supreme Court · 1873
- Mix v. SingletonIllinois Supreme Court · 1877
- Ives v. HulceAppellate Court of Illinois · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bolton v. HulingAppellate Court of Illinois · 1900