Legal Opinion

Martin v. Hertz

Appellate Court of Illinois

Decided February 20, 1905No. Gen. No. 11,768Published

Action of debt on replevin bond. Appeal from the Superior Court of Cook County; the Hon. Marcus Kavanagh, Judge, presiding.

1Opinion of the CourtJustice Brown

The question involved in this appeal is apparent from the statement prefixed to this opinion. That statement has been made in full detail in order that no factor in the situation might seem to have been overlooked. The question, shortly stated, is, were the sureties on the replevin bond foreclosed as to the extent of their liability^ in this suit by the alternative judgment against their principal in the replevin suit ?

It is urged in the negative by appellants that their liability in this action should be limited to the value of the interest in the goods replevied of George J. L. Janes as a…

2Cases cited4 opinions

  1. Schott v. YoureeIllinois Supreme Court · 1892
  2. Janes v. GilbertIllinois Supreme Court · 1897
  3. Newhall v. BuckinghamIllinois Supreme Court · 1853
  4. Janes v. GilbertAppellate Court of Illinois · 1897

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