Pirkins v. Rudolph

Citations

• 36 Ill. 306

Syllabus

<p>1. Rbplbvut — reference ofto arlniration^ releases surely in bond. A reference of an action of replevin to arbitration, without the knowledge or consent of the surety in the replevin bond, releases such surety.</p> <p>2. Same—undertaking by surety in bond. The surety in such a bond undertakes only, that the principal shall prosecute his suit with effect and without delay, and make return of the property replevied, if a return shall be awarded.</p> <p>3. Same. This undertaking to prosecute the suit with effect and without delay, has express reference to its prosecution in court, before the court, and not privately, before arbitrators.</p> <p>4. Same—why it should he proseouted in court. By a prosecution in court, a return of the property might have been awarded, in which event the surety might have taken the property and delivered it in discharge of his bond.</p> <p>5. Same. Such surety does not undertake to pay a judgment for money in amount equal to the value of the property replevied, and that, too, without an investigation in court.</p>