Legal Opinion

People ex rel. Lowry v. Johnson

Appellate Court of Illinois

Decided May 6, 1913No. Gen. No. 5,766PublishedCited by 1 opinion

Appeal from the Circuit Court of Livingston county; the Hon. Geobge W. Patton, Judge, presiding. Heard in this court at the April term, 1913.

1Opinion of the CourtJustice Carnes

This is a suit upon a constable’s bond to recover the amount of an execution held by said constable in favor of plaintiff, because he did not return the same within ten days after its proper return day, under section 159 of chapter 79, B. S. The defendants filed four pleas. The first and second were withdrawn and a demurrer by plaintiff to the third and fourth was overruled. He elected to abide by Ms demurrer and there was a judgment that defendants recover their costs of plaintiff and have execution therefor. Plaintiff appeals.

TMs was not a final judgment and an appeal did not lie therefrom.…

2Cases cited3 opinions

  1. Chicago Portrait Co. v. Chicago Crayon Co.Illinois Supreme Court · 1905
  2. People ex rel. Ring v. Board of EducationIllinois Supreme Court · 1908
  3. Seghetti v. B. F. Berry Coal Co.Appellate Court of Illinois · 1911

3Cited by1 opinion

  1. Town of Magnolia v. KaysAppellate Court of Illinois · 1916

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