Neagle v. Kelly
Appellate Court of Illinois
Ik error to the Circuit Court of Cook County; the lion. Kiohard S. Tdthill, Judge, presiding. The plaintiff in error, with one Simon Stafford, signed a bond given upon an appeal in an action of forcible detainer.
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Ik error to the Circuit Court of Cook County; the lion. Kiohard S. Tdthill, Judge, presiding. The plaintiff in error, with one Simon Stafford, signed a bond given upon an appeal in an action of forcible detainer. The condition of the bond was: “How, if the said Simon Stafford shall prosecute his appeal with effect and pay all rent now due, and that may become due, before the final termination of the suit, and all damages and loss which the said plaintiff may sustain by reason of withholding of the premises in controversy, and by reason of any injury done thereto during such withholding,…
1Opinion of the Court
Waterman, F. J.
By the conditions of the bond FTeagle conditionally undertook to pay all the rent that was due and that might become due, and all damages "which Kelly might sustain by reason of the withholding of the premises in controversy. By means of this bond, Stafford was enabled to retain possession of the premises and to keep Kelly from taking the same; the purpose of FTeagle in giving the bond ivas that this might be done. The title of Kelly to these premises depended upon the fulfillment of the conditions of the ground lease, the payment of the taxes and rent therein provided to be…
2Cases cited6 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Clifford v. LuhringIllinois Supreme Court · 1873
- Borchsenius v. CanutsonIllinois Supreme Court · 1881
- Wilson v. BevansIllinois Supreme Court · 1871
- Meyer v. HartmanIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925