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72 Ill. 101

McCart v. Wakefield

Illinois Supreme Court

Decided January 15, 1874

Illinois Supreme Court · decided 1874-01-15

<p>Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton. Judge, presiding.</p>

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Decided 1874-01-15

How this case has been cited

Cited by 7 later decisions — most recently September 1922

7 state decisions

30187418801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2This was an action of debt, on a bond alleged to be lost.

¶3•In such cases, the proof of loss must be clear and satisfactory. There is no sufficient proof that proper search has been made for the bond. It was last seen in the plaintiff’s office, but no search was made for it there. Again, it was in the papers in the cause when on trial, and search made for it since, but how thorough the search was, is not shown. The clerk was told to look for the bond, but where ? and how did he obey the direction ? Besides, the proof of the contents of the bond, and its mode of execution, is by no means satisfactory.

¶4For these reasons, the judgment is reversed and the cause remanded.

¶5Judgment reversed.

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