Legal Opinion

Smith v. Brown

Appellate Court of Illinois

Decided June 3, 1895Published

Debt, on replevin bond.—Appeal from the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Heard in this court at the November term, 1894.

1Opinion of the Court

Mr. Presiding Justice Wall

delivebed the opinion of the Coubt.

The question here ig as to the sufficiency of a declaration in an action of debt on a bond in replevin. The action was brought by the officer to whom the bond was given against the principal and sureties. It alleged that said principal, being the plaintiff in replevin, was defeated on -(he trial of the suit, and was adjudged to make return of the property, which he failed to do, and that the defendant in replevin then brought an action in the County Court of Peoria County against the officer who executed the writ (being the obligee…

2Cases cited3 opinions

  1. Drennan v. BunnIllinois Supreme Court · 1888
  2. People ex rel. Tibbetts v. RobinsonIllinois Supreme Court · 1878
  3. Wolfe v. McClureIllinois Supreme Court · 1875

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