Evans v. Edwards
This text of 26 Ill. 279 (Evans v. Edwards) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The declaration in this case is on a penal bond, and is unobjectionable in every particular. The court below, in what purports to be a bill of exceptions, informs this court that the demurrer was sustained because the declaration does not aver that the bond was entered into upon a sufficient consideration. The seal imports a consideration, and it was unnecessary to aver any other. The judgment will be reversed, and the cause remanded, with instructions to the County Court to enter judgment for the plaintiff on the demurrer, and to take an inquest of the plaintiff’s damages, and to award execution in proper form.
Judgment reversed.
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Cite This Page — Counsel Stack
26 Ill. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-edwards-ill-1861.