Ballingall v. Carpenter

Citations

• 5 Scam. 306

Syllabus

<p>Error to Dupage.</p> <p>1. Bond — indemnity, not in statute form. The obligors in a bond given upon re-plevying a fee-bill under § 7 of the “ act regulating the salaries, fees,” etc., cannot object to the validity of the bond, because its condition is not literally in accord-[*3°7] anee with the statute. Such a bond is a voluntary one, and the obligors cannot take advantage of their own neglect, to use the words of the statute.</p> <p>2. Same — replevin. The statute provides for a party’s replevying a fee-bill upon giving bond “ to pay the same at the next ensuing circuit court of his county but a bond with this condition, now if the said obligor shall present said fee-bill at the next term of the circuit court for said county, and if the same be adjudged to contain any item or charge not authorized by law, or for services not actually rendered, then this bond to be void,” is in conformity with the spirit and policy of the statute, and valid, (a) </p>