Stelle v. Lovejoy

Citations

• 125 Ill. 352

Syllabus

<p>1. Measure of damages—in action on appeal bond. In an action on an appeal bond given on an appeal from a judgment of a justice of the peace, when the appeal is dismissed, the real amount of the recovery sought is the amount of the justice’s judgment, with interest thereon, and costs. The judgment for the penalty of the bond would be satisfied by the payment of that amount.</p> <p>2. Appeal bond—discharge by payment of judgment appealed from. Payment of the judgment appealed from, with interest and costs, will discharge the surety’s liability on the appeal bond.</p> <p>3. Limitation—of action on appeal bond. An action on an appeal bond given on appeal from a judgment of a justice of the peace, brought to recover the amount of the judgment of the justice, after dismissal of the appeal, is not barred after the lapse of five years from the time an action on the judgment accrued. Whatever may be the limitation as to an action on the judgment, an action on the bond will not be barred until ten years after the cause of action thereon accrued.</p> <p>4. The undertaking of a surety upon an appeal bond is not a collateral one, but an absolute covenant that the principal shall pay the judgment appealed from, upon the dismissal of the appeal, with interest and costs, and an action thereon is not barred by any period short of ten years.</p>