Gallagher v. Schmidt

The appellee, Gallagher, brought an action of debt on an appeal bond against Emil G. Schmidt as receiver of the Suburban Railroad Company, a corporation, as principal, and the Chicago and West Towns Railway Company, a corporation, as surety. Service was had on the surety. To the declaration of appellee the Chicago and West Towns Railway Company filed nine pleas, to which plaintiff interposed a demurrer, which was sustained. The railway company moved that the demurrer be carried back to the declaration. This was done without objection on the part of appellee, and on argument on the demurrer to…