Oxley v. Storer

Citations

• 54 Ill. 159

Syllabus

<p>1. Release of surety—talcing further security. The mere taking of further security from the principal in a bond, by the obligee, will not operate to release a surety on the bond.</p> <p>2. Instructions should be based on the evidence in the case.</p> <p>3. Variance between allegations and proofs—who to decide. In the introduction of written evidence, it is the duty of the court to determine whether it varies from the pleadings under which it is offered. And it is error for the court to leave such question to the jury.</p>