Eggleston v. Hadfield
Appellate Court of Illinois
Debt, on a receiver’s bond. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in the Branch Appellate Court, March term, 1900.
1Opinion of the Court
Mr. Presiding Justice Shepard
delivered the opinion of the court.
This was a suit in debt brought upon an appeal bond executed by one Stevens, receiver, as principal, and the appellants as sureties. The only plea remaining in the case at the time of the trial was one of non est factum, not sworn to.
Appellants claim it was error to proceed to the trial of the case without having first brought Stevens, the principal on the bond, into court, he having, neither been served with process nor entered his appearance. The point is not argued, but is only mentioned; nor are any authorities cited by…
2Cases cited2 opinions
- Baker v. PrebisIllinois Supreme Court · 1900
- Baker v. PrebisAppellate Court of Illinois · 1900