Legal Opinion

Westfall v. Albert

Illinois Supreme Court

Decided October 24, 1904PublishedCited by 10 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. The Appellate Court for the First District affirmed a judgment of the circuit court of Cook county for the costs of suit in an action by appellant against appellees.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. The Appellate Court for the First District affirmed a judgment of the circuit court of Cook county for the costs of suit in an action by appellant against appellees. The action was in debt, on the following bond: “Know all men by these presents, that we, John A. Albert and Charles C. Heisen, both of the city of Chicago, county of Cook and State of Illinois, are holden and bound unto Peter E. Westfall, in the city of Chicago,…

1Opinion of the CourtJustice Wilkin

The only question presented for our decision is whether or not the circuit court erred in overruling the demurrer to the said first and fourth additional pleas. The first sets out the bond in hcec verba, and avers that the plaintiff has not been damaged. The fourth alleges that the bond was given in obedience to an order of court in a chancery suit between the plaintiff, Westfall, and one Huntington and the defendants, by which it was ordered that the injunction theretofore issued in that case be dissolved on condition that “said Albert give bond, with security to be approved by the court, in…

2Cases cited5 opinions

  1. Hayes v. O'BrienIllinois Supreme Court · 1894
  2. Scofield v. TompkinsIllinois Supreme Court · 1880
  3. Gobble v. LinderIllinois Supreme Court · 1875
  4. Peine v. WeberIllinois Supreme Court · 1868
  5. Poppers v. MeagherIllinois Supreme Court · 1893

3Cited by10 opinions

  1. Advance Amusement Co. v. FrankeIllinois Supreme Court · 1915
  2. Giesecke v. CullertonIllinois Supreme Court · 1917
  3. Noble v. SturmMichigan Supreme Court · 1920
  4. Christian Mills, Inc. v. Berthold Stern Flour Co.Appellate Court of Illinois · 1927
  5. Norfolk v. EleySupreme Court of Virginia · 1929

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