Humphrey v. Taggart

Citations

• 38 Ill. 228

Syllabus

<p>1- Replevin—bond in. The condition of a replevin bond to 'prosecute the suit to effect and without delay, is separate and independent from the conditions to save and keep the sheriff harmless, and to return the property return thereof shall be awarded.</p> <p>2. If a plaintiff in replevin fails to prosecute his suit to effect, the obligors of the bond are liable, notwithstanding he may have kept the sheriff harmless and made return of the property.</p> <p>3. Parties—in suit on replevin bond. The obligee of a replevin bond may bring suit upon it in the name of the sheriff for'his use.</p> <p>4. Plea—in action on replevin bond, must answer whole declaration. Where a declaration upon replevin bond assigned as breaches that the plaintiff in the replevin suit did not prosecute it to effect and without delay, and did not keep the sheriff harmless, a plea to the whole declaration alleging that the defendants saved and kept the sheriff harmless, is bad on demurrer.</p>