Evans v. Lingle

Decided September 15, 1870

Illinois Supreme Court · decided 1870-09-15

Joseph E. Gary, Judge, presiding. This was an action of debt, brought in the court below by Lingle against Evans and Williams, upon an appeal bond executed by the defendants, in an appeal taken from a justice of the peace in Cook county, to the circuit court, and there dismissed.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-09-15

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Cited by 3 later decisions — most recently May 1893

1 state decisions

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2We can perceive no ground for reversing this judgment. When the appeal was dismissed, the condition of the bond was broken, and a right of action accrued thereon.

¶3The plea in abatement, setting up the filing of a bill in equity, without having obtained an injunction, could not abate the suit on the bond, and the demurrer to it was properly sustained. If this was not so, any judgment debtor might, by merely filing a bill in chancery, delay and suspend the collection of the judgment, wdien no injunction has been allowed, and this to the detriment of the creditor. If the plaintiff in error has any remedy, it must be in equity, on a bill filed for such purpose.

¶4We think the court decided properly in sustaining the demurrer to the plea, and must affirm the judgment.

¶5Judgment affirmed.