Sumner v. Sleeth

Citations

• 87 Ill. 500

Syllabus

<p>1. Error—presumption. In the absence of an affirmative showing in the record to the contrary, it will he presumed that adequate cause was shown to justify the court below in making and enforcing a rule requiring the plaintiff in replevin to make and file a new bond in the place of the original said to be lost.</p> <p>2. Nominal parties—courts will look to real party in interest. It has long been the practice of courts of law to look through the nominal parties to the rights of the real parties in interest, and where a necessary nominal party, either plaintiff or defendant, fails or refuses to use his name, the court will, on proper indemnity as to costs and damages, permit the real party in interest to use the name of the nominal party, and that against his protest.</p> <p>3. Where goods are replevied from a bailiff of another, the plaintiff knows the fiduciary character of the defendant, .and can not be allowed to urge for error that the court refused to carry out an agreement made-with such nominal defendant, in bad faith and in violation of his trust, to dismiss the suit without costs or return of the property replevied.</p>