Legal Opinion

Billings v. Sprague

Illinois Supreme Court

Decided January 15, 1869PublishedCited by 7 opinions

Appeal from the Circuit Court of Cass* county; the Hon. James Harriot, Judge, presiding. This was an action of debt upon an injunction bond, instituted in the court below, by the appellees, Charles E. Parker and Charles Sprague, for the use of Charles Sprague, against the appellant, Horace Billings, impleaded with Frederick Potter. The further facts in this case are fully stated in the opinion.

1Opinion of the CourtJustice Lawrence

On the 27th of February, 1866, Potter filed a bill in chan- . eery to enjoin the sale of certain real estate conveyed by him to one Parker, in trust to secure the payment of a note for $510, given by Potter to Sprague. The bond was conditioned that Potter, and Billings, the surety, should pay to Sprague all moneys and costs due or to be due to him, and all damages which might be awarded. The injunction was subsequently dissolved, and this is a suit upon the"bond. The circuit court gave judgment for the amount of the note, and attorneys’ fees in the injunction case. It is conceded that the…

2Cited by7 opinions

  1. Barnes v. BrookmanIllinois Supreme Court · 1883
  2. Walker v. PritchardIllinois Supreme Court · 1890
  3. Howard v. BurnsIllinois Supreme Court · 1917
  4. Allen v. PowellIllinois Supreme Court · 1884
  5. Graff v. EpsteinMichigan Supreme Court · 1927

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