Fitzsimmons v. Hall

Citations

• 84 Ill. 538

Syllabus

<p>1. Pleading and evidence—issue on plea of non est factum. In a suit upon an attachment bond, where the only issue is upon the plea of non est factum, sworn to, proof of the execution of the bond by the parties inter posing the plea is sufficient to entitle the plaintiff to recover.</p> <p>2. Under a sworn plea of non est factum by the securities in an attachment bond, in a suit against them, the question as to the liability of the principal in the. bond is not presented, and the plaintiff is entitled to recover upon proof of the execution of the bond by the parties denying its execution.</p>