People v. Rebstock

Appellate Court of Illinois

People v. Rebstock

157 Ill. App. 440, 1910 Ill. App. LEXIS 309

CourtAppellate Court of Illinois

DecidedOctober 18, 1910

DocketGen. No. 5356

StatusPublished

Cited by2 cases

This text of 157 Ill. App. 440 (People v. Rebstock) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rebstock, 157 Ill. App. 440, 1910 Ill. App. LEXIS 309 (Ill. Ct. App. 1910).

Pincite

Opinion

Mr. Justice Dibell

delivered the opinion of the court.

At the time of judgment in the court below, this was an action of debt in the name of the People for the use of the Treasurer of Knox county against James Rebstock, one of the obligors on the bond of Owen J. Aldrich, as sheriff of Knox county for the term beginning December 1904. This case is in all essential particulars like No. 5,355, People for use, etc., v. Davis, ante, p. 438. In this case, a bill of particulars was filed of similar tenor to the one filed in that case; and Rebstock, as well as another defendant who has since died, filed pleas and amongst them plea No. 7, which set up the ten years statute of limitations. The court overruled a demurrer to that'plea, plaintiff elected to abide by its demurrer, and defendant had judgment. The errors assigned relate only to the action of the court on the demurrer to that plea. For the reasons stated in the Davis case, the judgment is affirmed. .

Affirmed.

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Mr. Justice Dibell

delivered the opinion of the court.

At the time of judgment in the court below, this was an action of debt in the name of the People for the use of the Treasurer of Knox county against James Rebstock, one of the obligors on the bond of Owen J. Aldrich, as sheriff of Knox county for the term beginning December 1904. This case is in all essential particulars like No. 5,355, People for use, etc., v. Davis, ante, p. 438. In this case, a bill of particulars was filed of similar tenor to the one filed in that case; and Rebstock, as well as another defendant who has since died, filed pleas and amongst them plea No. 7, which set up the ten years statute of limitations. The court overruled a demurrer to that'plea, plaintiff elected to abide by its demurrer, and defendant had judgment. The errors assigned relate only to the action of the court on the demurrer to that plea. For the reasons stated in the Davis case, the judgment is affirmed. .

Affirmed.

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Bluebook (online)

157 Ill. App. 440, 1910 Ill. App. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rebstock-illappct-1910.

Opinion

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