Erlinger v. People

Citations

• 36 Ill. 458

Syllabus

<p>1. Boros — conditions im part void and in part valid. At common law the conditions of a bond may be in part void and in part valid, if they are severable one from another, and the same rule applies to statutory bonds, where the statute is silent as to the effect of a departure from the statutory form. If the valid and void conditions are incapable of severance, the bond would bé wholly bad.</p> <p>2. Bastardy bond. The court will not reverse a judgment rendered in favor of the people upon a bastardy bond, because the suit was brought to the use of the mother of the illegitimate child. The judgment simply determines the liability of the obligors in the bond to the People of the State of Illinois.</p> <p>3. Error—what not assignable for. Where the judgment in a suit on a bond given, in a prosecution for bastardy, to secure the appearance of the obligor at the Oircuit Court, was for $600, the penalty of the bond, to be discharged on the payment of $500, damages and costs: Held, That if the latter part of the judgment was an error, it was one of which the defendant could not complain, being for his benefit.</p>