Matthews v. Storms

Citations

• 72 Ill. 316

Syllabus

<p>1. Pleading—defeat apparent on face of bond, sued on, after oyer, reached by demurrer. The tenor of the bond declared on, as it appears npor+oyer, is considered as forming part of the declaration, and it is competent for the defendant to avail himself of any defect apparent upon the face of the bond, or variance between its terms and the allegations in the declaration, after oyer, by demurrer.</p> <p>2. Replevin bond—name of defendant should appear therein. It is essential to the validity of a replevin bond, that the name of the defendant in the suit appear theréin, and if it is defective in this respect it is a nullity; and the omission can not be supplied by averment or otherwise. •</p>