Cassem v. Ernst
Appellate Court of Illinois
Debt, on an injunction bond. Trial in the Circuit Court of Kendall County; the Hon. Charles A. Bishop, Judge, presiding. Finding for defendants; appeal by plaintiff. Heard in this court at the May term, 1899.
1Opinion of the CourtJustice Dibell
This is a suit brought by Randall Cassem against Charity A. Ernst, the principal, and George W. Ernst, the surety, upon an injunction bond. The principal was defaulted and did not defend. The surety pleaded non est faotvm and a ' special plea. A reply to the special plea was filed, issues were joined, jury was waived, there was a trial by the court, and a finding and a judgment for defendants. Plaintiff . appeals.
The special plea by the surety set up, first, that said injunction had never been dissolved or modified by any decree of court, but the parties to the chancery suit in which said…
2Cases cited8 opinions
- Fish v. FarwellIllinois Supreme Court · 1895
- Snyder Manufacturing Co. v. SnyderOhio Supreme Court · 1896
- Keith v. HenklemanIllinois Supreme Court · 1898
- Boynton v. PhelpsIllinois Supreme Court · 1869
- Byers v. First National BankIllinois Supreme Court · 1877
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3Cited by4 opinions
- St. Joseph & Elkhart Power Co. v. GrahamIndiana Supreme Court · 1905
- Janssen v. ShownCourt of Appeals for the Ninth Circuit · 1931
- Aetna Casualty & Surety Co. v. BellNevada Supreme Court · 1979
- Sackett v. City of MorrisAppellate Court of Illinois · 1909