Legal Opinion

Barnes v. Brookman

Illinois Supreme Court

Decided May 10, 1883PublishedCited by 21 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of' Cook county; the Hon. Joseph E. Gaby, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of' Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of debt, in the Superior Court of Cook county, by appellees, for the use of William C. Minard, against appellant and Abraham Moses, on a bond, of which the following is a copy: “Know all men by these presents, that we, Abraham Moses and Noah Barnes, of the county of Cook, and State of Illinois, are held and firmly hound unto John B. Brookman and T. M. Bradley, of the same county and State aforesaid, in the…

1Opinion of the CourtJustice Soholfield

The only question sought to be raised upon this record relates to the amount of damages embraced by the judgment of the Superior Court. That some amount was recoverable is not questioned; it is simply controverted that the amount could be, under the evidence, equal to the full penalty of the bond. By pleading over the defendants waived their demurrer, and could not thereafter assign error on any ruling in regard to it. (American Express Co. v. Pinckney, 29 Ill. 392; Walker et al. v. Welch et al. 14 id. 277.) No motion in arrest of judgment was made, and the statute (Bev. Stat. 1874, sec. 6,…

2Cases cited4 opinions

  1. American Express Co. v. PinckneyIllinois Supreme Court · 1862
  2. Edgerton v. WeaverIllinois Supreme Court · 1882
  3. Billings v. SpragueIllinois Supreme Court · 1869
  4. Todd v. CowellIllinois Supreme Court · 1852

3Cited by21 opinions

  1. Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931
  2. Cribben v. CallaghanIllinois Supreme Court · 1895
  3. Ladd v. PigottIllinois Supreme Court · 1885
  4. Forsyth v. VehmeyerIllinois Supreme Court · 1898
  5. Chicago & Alton Railway Co. v. BellIllinois Supreme Court · 1904

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