Meyer v. Wiltshire

Citations

• 92 Ill. 395

Syllabus

<p>1 Amendments—change of form of action allowable. An amendment permitting a change in the form of action from assumpsit to debt is authorized by the statute.</p> <p>2. Estoppel—by execution of bond. Where a bond is given by a collector to the sheriff in a county not under township organization, the obligors on such bond are estopped by the execution thereof from denying the official capacity of the sheriff, the power to appoint the deputy collector, and the rightfulness of the appointment.</p> <p>3. Pleading and evidence—set-off. Where, in an action upon a bond, the plea of nil debet contains a notice of set-off, all evidence is admissible thereunder that would be admissible under a plea of set-off.</p> <p>4. Practice—time to object for want of bond for costs. The objection of the want of a bond for costs can not be taken for the first time in this court. The provision of section 3, chapter 33, Rev. Stat. 1874, that “ the right to require security for costs shall not be waived by any proceeding in the cause,” has no application in the Supreme Court, where the question is as to the correctness of the judgment below.</p>